Alcohol permit for zip line farm cut down

By Ethan Nahté

In a somewhat predictable outcome, the Polk County Quorum Court voted against an ordinance to approve the application of The Ouachita Land Conservation Fund, dba The Blue; Zip Line and Farm, LLC, for a hotel and large event facility private club alcohol permit.

The Court convened Thursday, July 26, at the Polk County Office Complex Building. The first order of business was old business—the alcohol permit. During the June 28 meeting, the reading of the ordinance was suspended after the first reading by a vote of 8-3. An ordinance is required to be read on three different days unless at least 2/3 of the council votes to dispense with the rule. 

The Blue owner, Shelly Alston, spoke to the Court. Alston broached the subject of a large event facility. She said, “There’s been a lot of misconception on what that means. A lot of people think I am putting in a large convention center; that I have investors. Nobody is investing in my property except me. The term ‘large event facility,’ with the size of my field and the bull pasture—that calls for a large event facility event, though it’s an outdoor facility.”

The working cattle farm has been in Alston’s family since 1897. In addition to the zip lines, which the website states, “No one under the influence of alcohol, illegal drugs or impairing legal drugs, will be allowed to participate in the tour,” the facility holds concerts in the field, as well as their annual Ouachita Bigfoot Festival & Conference. They have a stargazing camping event coming up and approximately 1,500 camping sites, according to Alston. 

She is already booking for the 2024 Solar Eclipse Festival—events which will probably involve tourists bringing alcohol purchased outside of Polk County and tax revenue lost.

Alston explained that at this time, guests who come out to her zip line farm, located in Ink, bring their own alcohol. “They bring it from other counties, out of state, and even some have bought it from local bootleggers. At least I would be able to serve drinks just like they would at any restaurant. Food will be served. It will in no way be a bar-type atmosphere with drunkards and bar fights. I despise that kind of atmosphere. I don’t condone that type of behavior.”

Alston described herself as a “Karen” when it comes to how she operates her zip line. “I did get ‘Safest Zip Line in the State.’ I am very particular. I go above and beyond with the standards with the zip line, and the rules and regulations set by the ACCT [Association for Challenge Course Technology], which is what the state of Arkansas uses for their own regulations.”

Alston stated she would also “go above and beyond” the rules and regulations set by the Arkansas Alcohol Beverage Control if her permit was approved. 

She went on to say that several people had called or texted her, approximately 60 over the period of a couple of days, in support of her getting a permit. She claims she had not one comment against it. She proceeded to read examples of the messages and provided names of those supporting her, including a former JP for District 5. She mentioned that the people supporting her are all registered voters in Polk County. 

“[The county] has mentioned something wanting to be a lot like Branson. Well, this is the start of it.”

She also mentioned to the Court that she has donated approximately $5,000 to causes for hungry children throughout Polk County, specifically for children not on free lunches, but on full price or reduced, stating those children and their families have financial hardships as well.

Justice of the Peace Terry Terrell recommended the Court not prolong the reading and forcing them to suspend the ordinance for reading in August. Instead, he believed they should approve the third and final reading so they could vote on the matter at hand.

The Court did complete the second reading and voted to dispense with the third reading. 

Terrell then stated he was against the ordinance and that it was nothing personal. He said, “Where I live, I don’t think the people are in favor of that. If it was just going to be one permit, it wouldn’t be a problem.” He speculated that if they allowed Alston to have a permit, then they would have an influx of others from around the county wanting to apply.

JP Terry Scott said, “It is just one permit, and probably the only permit we’ll have for no telling how long. It costs a lot of money to get a private club started. I understand that most of y’all—us—are concerned with what your church friends are going to think about it if you vote for this. 

“It actually has absolutely, at this point, nothing to do with alcohol. This is typical politics. The State Alcohol Control Board is the one that gives this permit. We don’t give this permit. We authorize them to give it if they want to. They’ve got to go inspect and make up their mind. Then they are the ones who police it. If something’s being done wrong, they police it.

“Your friends know how you are and how you think. It’s actually none of their business if you want to go home at night and have a beer; if you want to go home at night and have a glass of wine, for the stomach’s sake,” Scott said, his hand out in inclusion, gesturing to the entire Court. “It’s none of their business. Alcohol is an individual thing for each individual. I don’t want to see everybody going out and around getting drunk, making fools of themselves and all that. What I do want is this lady to have an opportunity to better herself with maybe a better living. That’s what this whole thing is about.

“George Jones came up with a song. The song was ‘Choices.’ In our life, we have choices to make. And we live and we die with the choices we make. If somebody wants to get on to me if I vote for this, and say, ‘You’re a hypocrite,’ or ‘You’re a this or you’re a that,” I’m going to tell them, ‘You judge me. I’m going to let God judge you.’

“My concern, right now, is an individual in this county wanting to better themselves—not wanting to start a beer joint. I want to go home tonight and not wake up in the middle of the night and say, ‘Did I really vote that way?’”

JP Margo Kimp added, “My point of view is I’m trying to promote tourism in Polk County. A lot of these tourists who come here, and probably to her zip line place, are used to buying beer and wine at their local grocery store and gas station. If you don’t want to drink beer or wine, then don’t do it, but let these businesses try to sell something and make some money and raise some revenue for our county.”

JP Mitchell Tidwell concurred, providing an example with the E-Z Mart right across the Polk/Sevier County line. “Watch all the cars drive down there, load up, then head back to Polk County. Sevier County is wet. You can buy alcohol in any convenience store or Walmart.”

Terrell stated that he did not believe the people who voted for him during his 24 years as a JP would want him to vote yes for the ordinance.

JP Penny Kesterson, who is fulfilling the unexpired term of her deceased husband Basil Kesterson who passed away while serving as JP for District 9, mentioned that he would not have voted yes for the ordinance. “He said that if people went into restaurants and ordered liquor, they wouldn’t sell it to you if they see you are getting intoxicated. But in the county, if these people have a five or six or 10-mile drive, they’re going to be driving with liquor in their system. That’s my concern. When they leave there, how far do they have to drive to get home using county highways—unless they’re located on the premises, spend the night on the premises, and it not become an issue of a head-on collision. … I don’t have a problem with individuals who want to drink. Offer them a shuttle home.”

Sheriff Scott Sawyer was asked if he had an opinion. He replied, “Let people take a vote. We’re here for the people of Polk County, to protect and serve.”

After much debate, the ordinance was put to a vote, failing 7-3. Sponsors Scott and Kimp, along with Mitchell Tidwell were the only JPs to vote in favor of the ordinance. Those voting Nay were JPs Terrell, Kesterson, Chris Daniel, Jim Neugent, Levi Ellison, Troy Lunsford and Tawana Gilbert. JP Tommy Floyd was not in attendance.

Following the meeting, Alston said, “I knew how it was going to go. I was already expecting it. I wasn’t going to sit back. I showed up to speak my part. If they understand it, that’s on them. If they don’t… 

As a few of the JPs who voted against the alcohol ordinance exited the building, they expressed “No hard feelings” to Alston, while others pointedly avoided her. 

Alston said she had talked about her facility and what the plans were at the first meeting with the Court, going into great detail about it.

“Ninety-five percent of the people who come out there are tourists. My experience with the drunks out there on the road and riding ATVs have been locals. I have never had any problems with any tourists with any appearance of inebriation.”

Alston has hope that the petition being circulated by the Polk County Growth and Advancement will gain enough certified signatures to get the “wet county” option to be added to the ballot for the general election on November 8. If so, it could be what she needs to strengthen her cause and try once again to get her alcohol permit.

“Anybody who is for or against it, sign the petition and vote against it, because the next time it comes up there’s going to be a lot more people in the area to vote for it than this time around.

Under New Business, item A was an ordinance to appropriate to county accounts and make line-item transfers for year 2022. The discussion included the quote to replace the antenna and line on a tower located at Eagle Point, which is utilized by the fire department. Bad connections are causing issues with the department’s radios.

JP Chris Daniel stated that the hold-up was due to waiting for supplies related to the tower, specifically a back order for coaxial cable. The quote from Arkansas Valley Communications, located in Russellville, Arkansas, amounts to $4,616.77.

The ordinance passed unanimously.

Item B was the inventory deletions for the month of July, which consisted of a Glock 21 Gen4 from the sheriff’s department. 

The meeting was then adjourned.

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