LITTLE ROCK — Benton County has a lot of churches.
Just how many became evident to several liquor permit applicants as their proposals were shot down Wednesday by the state’s Alcoholic Beverage Control Board.
Seven applicants were denied, all but one of whom chose a site within 1,000 feet of a church. State law requires liquor stores to be at least 1,000 feet from churches or schools.
All the applicants said they were unaware the churches existed. Many of the churches serve minority congregations and are in office buildings. The definition of church used by the state encompasses any place where a body of people or worshippers associate together for a religious purpose, according the state agency’s legal counsel.
At A Glance
Appointment
Jeff Mitchell, a Fayetteville attorney, was appointed to the Alcoholic Beverage Control Board on Tuesday by Gov. Mike Beebe. Mitchell is the only Northwest Arkansas resident on the five-member board.
Source: Staff Report
From the Filadelfia Llamada Final church in Rogers to the Etz Chaim synagogue in Bentonville, the churches were the focus of arguments from would-be liquor store owners and neighbors.
Two of the applicants didn’t show up to Wednesday’s hearings after learning they were within the 1,000 feet prohibited zone. Quintin Hilburn with Beaver Liquor at 1826 N. Second St. in Rogers was too close to the Iglesia de Dios de la Profesia, agents said. Katherine Moore of Tipsy’s Wine and Fine Spirits at 1705 S. Eighth St. in Rogers was 852 feet from a church. Neither turned out to defend their claims to a permit.
Others showed more resistance. Heath Hasenbeck argued for his wife’s permit for Bella Vista Wine & Spirits at 8830 W. McNelly Road in Bentonville. Natalie Hasenbeck’s proposed store is 191 feet from Redeemer Church and 568 feet from Bella Vista Church of Christ.
Heath Hasenbeck said the Redeemer Church plans to stop holding services at the location in August, around the time a liquor permit would be issued. Board members said they consider information based at the time of application, not the date the permit is issued.
Hasenbeck said he also feels the measurement to the Bella Vista Church of Christ was inaccurate, but didn't provide any counter mesaurements.
“You should have brought us indisputable evidence from a surveyor for that,” said Thomas Powell, board chairman.
The application was unanimosly denied by the board.
Four members of the Hasenbeck family have applied for permits. Husband and wife Heath and Natalie; Heath’s sister, Aimee Hasenbeck; and his father, James R. Hasenbeck. Aimee Hasenbeck’s application went no better. Her store, Bentonville Wine & Spirits, at 1720 S. Walton Boulevard was also found to be with 1,000 feet of a church.
Joseph Capko applied for a permit for JC’s Liquor Store at 2403 N. Second St. in Rogers. The application was initially submitted as JJ’s Lakebound Liquor. Capko found himself in the unenviable position of being 999 feet from the Filadelfia Llamada Final church to the north and 998 feet from the Iglesia de Dios de la Profesia to the south.
Rick Crisman, deputy director of the agency, said there was only about a five-foot by five-foot space on the property that would be outside the reach of both churches. After hearing the evidence, Capko asked if he could move his application to a piece of property he owns next door.
Board members, who only yesterday refused a similar request from Patsy Simmons for Susie Q Liquor, turned him down.
“I don’t like the motion I’m about to make,” said board member Martin Silverfield. “We’ve got a good applicant here. As much as I want to do this, I can’t do this. My hands are tied and I have no other choice.”
Silverfield made a motion the application be denied, which was unanimously approved.
Stephen Baucom said he didn’t know the Etz Chaim synagogue was next door to his proposed location for Baucom’s Beverage at 2501 E. Central Avenue in Bentonville until after he completed his application. The proposed store is 395 feet from the Jewish worship center.
Baucom said the congregation was moving to Rogers and had offered to let him buy the property, though he added he hasn’t seen the property listed yet.
“It being apparent from evidence that across the street there is a church as would meet our definition and religious services are being held there, notwithstanding whether it may be sold in the near future, I with some displeasure move we deny the application,” said board member Jeff Mitchell.
Only one person was successfully able to argue their way into a permit despite a nearby church. Kym Reeves convinced the board there was no evidence the Filadelphia Llamada Final church was operating when she submitted her application. Reeves and her husband, Charles Reeves, said they walked around the site in April and saw no evidence of the church. Charles Reeves received a liquor permit for another location on Tuesday.
Crisman said he checked the area for churches as part of the agency investigation and did not initially find the church. He only located it after another applicant told agents of its presence several days later.
“If they were not there intitially, they were there a day or two after,” Crisman said.
Michael Langley, director of administration for the agency, said there was precedent to allow the permit if there’s no evidence the church existed on the date of application.
With that advice, the board approved the permit for 102 Liquors at 2501 N. Fourth St. in Rogers.
The only denial of the day not associated with a church was for Johnny Dillard’s store, Veterans Spirits, at 13977 Gentilly Road in Rogers. The site is located in a residential area near Monte Ne.
William Adams, a former Benton County Quorum Court member, said he was partnering with Dillard on the project. The proposed location was a 400-square-foot A-frame guesthouse on Adams’ property in the subdivision.
Adams said they chose the spot because they never intendended to operate the store there. The plan was to open for one day to satisfy the law then transfer to a location without much competition.
“We wanted to see where the permits were approved and find a suitable area,” Adams said.
Powell said he did not want to give Adams a “hunting license” to find the best location.
Neighbor Walter Fenton attended the meeting to oppose the liquor store. He presented a covenant from the neighborhood that disallows commercial enterprises on single-family lots and argued that the streets are too narrow for additional traffic.
“You said you want to open for a day and move to another location,” said Jean Hervey, board member. “My motion is based on your application and where you want to place the business today.”
The board approved 14 applications and denied seven Tuesday. Hearings are scheduled to wrap up today.