In other action, a proposal to put liquor by the drink up for a vote was withdrawn because Law Director John Owings said County Commission isn't authorized to put it on the ballot. (Does anybody know why that is?) He said citizens would have to petition for a referendum.

TCA §57-3-106 seems to suggest that a referendum can only be placed on the ballot by citizen petition. Nothing in my quick reading of the statute seems to authorize the county legislative body to place such a referendum on the ballot:

(c) Elections provided for in subsections (a) and (b) shall be called and held as elections on questions by the county election commission at the next regular election of the county or municipality, as the case may be, upon receipt of a petition signed by residents of the county or municipality, as the case may be, to a number amounting to ten percent (10%) or more of the votes cast in the county or municipality, as the case may be, for governor of the state of Tennessee at the then last preceding gubernatorial election, requesting the holding of such election. Except that, no election under this chapter may be placed on the same ballot or conducted on the same day of a primary election. Such petition shall be addressed to the county election commission of such county, or county in which such municipality is located, and shall read, except for such address, substantially as follows:

Such petition may be in two (2) or more counterparts.

Liquor by the drink is provided for in TCA §57-4-103, which reads in part:

a) (1) The provisions of this chapter shall be effective in any jurisdiction which authorizes the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106.

Interesting. A couple of things. Since Knox County operates under its own charter, I wonder if there's something in there about that? (Will have to go look). Also, why all the kerfluffle about Commission not putting the One Question referendums on the ballot? Was it because they had to do with amending the Charter?

Ah, just saw the second part of that. So state law trumps a home rule charter on liquor by the drink?

Well, it does so far. To the best of my knowledge, that question has not been litigated yet. Also afaik, there's nothing in the Charter regarding the sale or regulation of wine and hard liquors.

Is there anything in the Charter about Commission putting a referendum on the ballot? (Sorry, haven't looked yet.)

Yes there is (Charter §8.05), but whether it trumps the state laws on the regulation of alchohol is a question which has not been raised or ruled upon, to the best of my knowledge.

Interesting conundrum. This constituting and legislating stuff is hard work!

whether it trumps the state laws on the regulation of alchohol

OK, let me see if I can follow along.

The Constitution allows for home rule charter to replace/override state law re. municipal and county government as long as the charter doesn't violate the state Constitution.

The charter allows for commission to put a referendum to a vote.

The state Constitution doesn't say anything about liquor by the drink (except that drunks can't hold state office, if I recall).

State law prescribes how liquor by the drink referendums are submitted to voters according to state law that prescribes how municipal and county governments handle referendums, which is overriden by the home rule charter as permitted by the Constitution.

Sounds like an amendment to the TCA is needed to fix the circular references.

The 21st Amendment, which the courts have said gives essentially plenary powers to the state for the regulation of intoxicating beverages (trumping even the Commerce Clause) may play a role here too. It may be that such powers, granted directly to the states, may only be delegated, if at all, by express acts of the state and not by implication.

But like I said, so far as I know it's not been addressed, so it's all guesswork until it is.

Ragsdale, should he stay, or should he go?

Apologies to the Clash.

that just opens up the door for Tim Hutchison.
Do you really want Hutch as county Mayor ?

Of course Hutch will run anyway when the time comes but why hand him the job right now ?

There's also rumors that Tim Burchett might be interested in the job...as we have discussed..although those same rumors had Lumpy Lambert running for the state legistature..lol.....
I hope in a few months to be moving back to Nashville.That might be a safer pleace to be than Knoxville quite frankly.

Let Ragsdale finish his term.

Ragsdale is setting the table for the next county mayor to fall flat on his a$$. When the real numbers finally come due, the next mayor is faced with a tax increase being instituted on his watch.

I thought Rags was going to New York on all those junkets to help our bond rating?

The only thing he was helping was himself, then again that is his trademark.

Obviously one poster hates our current Mayor....
So that poster needs to get a grip.I might suggest Lakeshore....
Ragsdale has made a lot of mistakes but kicking him out of office prematurely might let in someone much worse.

Most politicians, when publicly humiliated, just go away. Even Larry Craig will go away.

Mr. Ragsdale today at a ribbon cutting event said he has good days and bad days but every day is a good day when he comes East Knox County.

East Knox County is the area where he got the fewest votes for reelection -- along with Halls, Powell, Gibbs and a bunch of Fountain City.

Methinks the man should stay in Farragut. -- s.

The County Mayor seems essentially a non-entity for the rest of his term. If the alternative is an appointment by county commission to fill out the term that is not appealing, particularly considering their track record. I would not want congress appointing a president nor a president appointing congressional members. The same with governor and state legislature.

The appointment seems to defeat the check/balance functionality of those two entities.

If a Republican Mayor had done the things Ragsdale has done KnoxViews would light up.

The silence says more than words can.

Seems to me that Ragsdale is more like Bush 41 than Bush 43, while Tim Hutchison is more like 43.

Ragsdale and 41 specialized in resume enhancement and didn't care much what the average Joe thought so long as they kept the power elite happy.

Bush 43 and Hutchison will walk across the street to antagonize the power elite, while working hard to speak the language of the average Joe.

It's a mind set. And Hutchison is the only one of the four that would qualify as a fiscal conservative. -- s.

Absolutely

A "Bush Republican" is a liberal.

Don't like a fellow Republican? Just call him a liberal Dem! Good enough for Fox Noise too. If Fox had existed during the '80s, would it have put a "D" next to Reagan's name when Iran Contra broke?

In your world, we can just pretend that if we raise enough hell in comments sections on the internets, we can fix all the county problems (or any others). Guess we just don't have your purity and focus. Heh.

Do any of you Republicans have any backbone, Nine?

Mayor's that bankrupt their budgets.

And did any of you learn grammar?