Liquor permit denied

The May 7 decision to deny a conditional-use permit that would have allowed a liquor store to be built between the city’s two school campuses has been appealed to the City Council.

The City Council will hear Chuck Simmons’ appeal at the May 21 meeting.

Simmons wants to open the liquor store in a building at 165 W.

Pickens Road, at the bottom of the dip just west of downtown.

The Planning Commission unanimously denied the permit after hearing from the public, city officials, Simmons, and then discussing it themselves.

In making the motion to deny the permit, commissioner M.J.

Hensley outlined his opposition to the proposal.

“Based on facts presented here tonight, and concern of relatively few with our population of 4,800, the location in a school zone, pattern of (students) walking, sight distance (on the road), potential for accident or unfortunate incidents at rather high risk, I recommend we deny it,” Hensley said.

Heather Clark seconded the motion.

Even if Simmons’ appeal is successful, he may not receive a permit to open the store because the Arkansas Alcoholic Beverage Control Commission has received 77 applications for the 55 permits it will issue for the county. The date of the June lottery will be set at the ABC commission’s May 15 meeting.

While Simmons’ application may meet the requirements of state law and city ordinance, there is room for judgment regarding location, explained commissioner Karen Sherman, who was acting chairman at the meeting.

“We are a planning commission. Just because it meets criteria does not mean it fits the location. Part of our job is to determine location, ingress, egress, traffic it’s going to affect. The job is to determine if this is appropriate or not appropriate for that location,” Sherman said.

Assistant City Attorney Michael Niederbaumer agreed, telling the commission that “distance alone is not the only criteria. You have other things to consider for property use.”

Distance is an issue because state law requires liquor stores to be 1,000 feet from existing schools and churches. Simmons told commissioners that his building, measured closest point to closest point by the Arkansas Alcoholic Beverage Control Commission staff, is 1,004 feet from the closest school building being used for education purposes. Commissioners discussed that the district owns building closer than that, but those are not used for education.

Simmons said ABC used GoogleEarth to measure the distances.

GoogleEarth shows that the Methodist Church on North Davis Street is 963 feet from Simmons’ location. That measurement was not specifically discussed during the meeting; however, Police Chief Tim Ledbetter said he believes there are both school buildings and a church inside the 1,000-foot limit.

“I’d like to see (the ABCstaff) come back up here (to measure again),” Ledbetter said.

Simmons responded that the ABC agent “is up here all the time.”

City utilities manager Ken Hayes suggested the city verify with the school district if the buildings inside the 1,000-foot limit are in fact not being used for education purposes.

He also questioned whether simple ownership is enough, rather than use.

City building official Tony Townsend noted that City Attorney Howard Slinkard has said at previous meetings that if business opens selling beer and wine or liquor, and then a church or school opens inside the 1,000-foot limit, that business is grandfathered in.

The members of the public who spoke focused on the location between the schools and the traffic it would generate in the dip.

Simmons noted that Pea Ridge needs a liquor store so the city can capture sales tax.

“If they don’t buy in Pea Ridge, we’ll send tax dollars to Rogers or Bentonville and then have them driving up and down the highway drunk,” he said.

He late noted that by having a store in town would get customers back home or where they were going before they became drunk.

News, Pages 1 on 05/15/2013