City Eyes Alcohol Regulations

Bentonville Reviewing Ordinance With Legal Counsel

— Officials will review an ordinance in the coming weeks that will set regulations for business owners who want to sell alcohol in the city.

A draft of the ordinance requires a conditional-use permit for any business that makes or sells alcoholic beverages within 500 feet of a city-owned or maintained park or trail. The state’s Alcoholic Beverage Control already has a stipulation that liquor stores may not be located within 1,000 feet of churches or schools.

At A Glance

Alcohol Permit Applications For Dec. 10-14

Bentonville

• Airport Plaza C Store, 7403 S.W. Regional Airport Blvd. — Retail beer

• Fastrip, 3209 N.E. 11th St., 307 S. Walton Blvd. — Retail beer

• Tiger Stop, 1301 N. Walton Blvd. — Retail beer

• Superstop, 1311A S. Walton Blvd. — Retail beer

• 21c Club, 200 N.E. A St. — Private club class A, Restaurant beer and wine

• Eleven, 600 Museum Way — Restaurant beer and wine

Rogers

• Cedar Creek Company, 3303 Pinnacle Hills Parkway — Restaurant beer and wine

• Rogers/540 Catering Company, 3303 Pinnacle Hills Parkway — Restaurant beer and wine

Avoca

• Avoca One Stop, 124 N. U.S. 62 — Retail beer

Bella Vista

• Grand Central Station, 1806 Forest Hill Blvd. — Retail beer

Centerton

• Centerpoint C Store, 1675 W. Centerton Blvd. — Retail beer

Source: Staff Report

Michael Langley, head of the state’s Alcoholic Beverage Control Administration, said he believes any distance requirements beyond the state-mandated 1,000 feet are unconstitutional.

“We wouldn’t sue the city,” Langley said. “But we would tell them they’re passing something that’s unconstitutional and could open themselves up to lawsuits from applicants.”

Langley said he believes an applicant could sue the city if the business was denied a conditional-use permit based on the 500-feet rule.

“That’s not really within the city’s legal purview,” he said.

City staff is still reviewing the ordinance with legal counsel, said Troy Galloway, director of community development for the city. He said the conditional-use permit application would give the city an additional opportunity to evaluate the individual site and hold a public hearing.

The ordinance would apply to liquor stores and convenience and grocery stores selling beer and wine. The state’s 1,000-foot regulation only applies to liquor stores.

George Spence, Bentonville city attorney, said he doesn’t believe there is anything unusual about the conditional-use permit stipulation. He said any issues with constitutionality have not come up in discussions among city staff.

Galloway said he was not sure how the ordinance would apply to convenience and grocery stores already operating in the city within the 500-foot radius of a park or trail that are issued an alcohol permit by Alcoholic Beverage Control. Spence said he thinks those businesses would have to come before the Planning Commission for a public hearing on the conditional-use permit.

The stipulation does not apply to restaurants selling alcohol in Bentonville, Spence said.

“None of this is in regard to the current private club atmosphere,” he said.

Spence reiterated the ordinance has not yet been approved. The Planning Commission is set to consider the ordinance at a Dec. 26 technical review meeting and vote at its Jan. 2 meeting. If approved, the City Council would see the ordinance at its Jan. 8 meeting.

The city ordinance also outlaws drive-up windows at locations selling alcohol, Galloway said. It sets the hours which retail alcohol can be sold as 6 a.m. to 10 p.m. Monday through Saturday.

Beer and light wine can be sold at locations zoned commercial with permits from the Alcoholic Beverage Control, according to the ordinance. Liquor stores will be zoned general commercial. Microbrewery restaurants will be allowed in neighborhood commercial, general commercial, downtown core, light industrial and heavy industrial zoning districts. Wholesale manufacturers and distributors will be zoned light industrial, heavy industrial and general commercial with the approval of a conditional-use permit, according to the ordinance.

Alcoholic Beverage Control has not issued any retail alcohol permits to Benton County businesses. The permits will start going out in mid-January, Langley said.

The agency has processed 55 new applications from Bentonville businesses since the county was voted wet Nov. 6. The applicants so far include only convenience and grocery stores and restaurants. Liquor store applications are slated for consideration in spring or summer.

Upcoming Events