Retailer applies for beer permit

Wal-Mart tries again in Mountain Home

By Julie Stewart

Posted: July 27, 2009 at 3:16 a.m.

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MOUNTAIN HOME — Wal-Mart wants to make another beer run in Baxter County.

Wal-Mart Stores Inc. has applied for a state permit to sell beer and wine at its Mountain Home Supercenter, seven years after dropping a similar effort when some local churches and an elected official objected.

The Bentonville-based retailer wants a permit to sell beer and "small-farm" wines, which are made by wineries that produce no more than 250,000 gallons of wine annually.

Wal-Mart renewed the effort because of customer requests, company spokesman Kelly Cheeseman said.

"At this particular store we recognize there's customer demand for us to sell a selection of beer and wine," Cheeseman said.

Thirty-four of Wal-Mart's 88 Arkansas stores sell alcohol. Its Little Rock Sam's Club, one of six in the state, also has alcohol sales, she said.

Wal-Mart pulled its permit application in Mountain Home in 2002, when then-Mayor Joe Dillard and some churches complained. They said Wal-Mart's family oriented atmo-sphere, where parents shop with their children, wouldn't mix with alcohol sales.

The current mayor, David Osmon, said he won't oppose the new permit request, filed July 7 with the state Alcoholic Beverage Control Administration.

The city police chief, county sheriff and local prosecutor said they're unaware of any legal issues that would prevent the permit from going through.

State law requires the Alcohol Beverage Control director to hold a hearing if certain public officials - including the mayor, police chief or prosecutor - oppose or raise legal concerns about a permit. Otherwise, the director has the option of granting a permit without a hearing.

Agency Director Michael Langley wasn't available for comment, because he was on vacation last week.

His administrative assistant, Judy Chwalinski, said Langley normally reviews an application and public comment file the day before the Alcoholic Beverage Control Board meets, then announces his decision at the end of the meeting.

Langley will probably announce his decision on the Wal-Mart permit at the board's Aug. 19 meeting, Chwalinski said.

The agency has sent formal notices about the permit application to the mayor, police chief, county sheriff and prosecutor.

Wal-Mart withdrew its first application a few days before the director's planned review. At the time, the state had received 44 letters in support of the permit and 14 letters in opposition.

Ten letters on the application had arrived at the ABC office in Little Rock as of late last week, Chwalinski said. Six were in opposition, and four were in favor of the permit.

She said the office also has received some comments by email, however state regulations require that all comments on pending permits be submitted in writing through the mail.

Seven years ago, the Mountain Home Church of Christ encouraged members to go straight to the Wal-Mart store to voice their opposition. This time around, the church's 450 congregants were advised to call (800) WAL-MART with their concerns, said Ken Burton, a minister at the church.

Burton called Wal-Mart "a great company" that "has done so much good over years."

Church members feel alcohol sales aren't necessary at the "family oriented" store, he said, and there are plenty of other places to buy alcohol locally.

"We're just concerned about making alcohol more readily available," the minister said.

Osmon said he routinely signs off on similar permit requests by local convenience stores in the city of 11,012 residents, as long as there are no legal problems.

"Children go into [convenience] stores. Families go in there," Osmon said. "I don't think it's right for me to approve all these others and say, 'No, I won't agree to Wal-Mart.'"

Mountain Home Police Chief Carry Manuel said he has personal qualms about the alcohol sales but can't find a legal reason to object to the permit.

"I've always viewed a place like Wal-Mart as more family-oriented than a liquor store would be. I have personal concerns about the mixture of people coming in to resupply themselves with alcohol," the chief said.

"But sometimes you've just got to put your personal opinions aside, and I've got to do what's legal."

Like the minister, Manuel suggested residents call Wal-Mart and express their opinions, either in support or opposition.

Fourteenth District Prosecuting Attorney Ron Kincade said the state form asks if he knows of any legal issues surrounding an applicant.

In most cases, there are no legal impediments to the permits that cross his desk, Kincade said, adding that he's unaware of any issues with the Wal-Mart permit.

Baxter County Sheriff John Montgomery said he considers all retail alcohol sales applications by the same legal standards and can find no reason to object to a permit for Wal-Mart.

Northwest Arkansas, Pages 7, 14 on 07/27/2009

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