Liquor Hearings End

LITTLE ROCK — The final day of liquor permit hearings for Benton County wrapped up Thursday with a total of 39 approvals and 15 denials over the three-day period. One hearing was continued for 60 days while agents with the Alcoholic Beverage Control Division gather more information.

The hearings were to determine the 55 liquor stores allotted under state law in the county after it was voted wet last November. Sixty-nine applicants completed the process to be considered for a permit, and a June lottery was held to decide which 55 would be a part of the first hearings.

The 14 applicants who drew numbers 56 through 69 will now wait to see if anyone appeals the board’s decision during the allowed 30-day window. If not, they will get a shot at the remaining 15 permits.

Thursday’s action was the most successful of the three days for applicants. The board awarded 17 permits, denied five and continued one. The biggest debate of the day came over the third approved liquor store in Prairie Creek. Residents showed up in force to oppose Prairie Creek Liquor, the last applicant of the day. Brothers Keith and Kevin Smithpeters plan to open the store on property their family has owned for years at the southwest corner of Stoner Lane and Arkansas 12.

Tracy Groomer, a resident of Stoner Lane and an officer with the Rogers Police Department, presented a spirited argument against the store opening. He said the corner serves as a bus stop for children and has traffic problems. He voiced concern about additional traffic using a side entrance off Stoner Lane and said Prairie Creek is too small for three liquor stores.

“This is changing Benton County,” Groomer said. “Obviously, a lot will have to change because Benton County is wet. Just give us the time to get used to some of this.”

Keith Smithpeters said he contacted the Rogers School District to see what time the children are picked up in the morning. He said the 6:41 a.m. pick-up time is before the store’s planned 7 a.m. opening. He also spoke with the Arkansas Highway and Transportation Department to ensure the area is as safe as possible, he said.

Board members listened to more than a half-hour of testimony from the two sides and voted 3-1 to approve the permit. Jeff Mitchell, a new board member and attorney, recused because he previously represented the applicant. Thomas Powell, board chairman, voted against the permit.

“Nothing is more important than the safety of our children,” Jean Hervey, board member, said to Groomer. “I understand why you made your presentation and what you’re asking us to consider. However, when we are issuing licenses to residents of Arkansas, we look for credible applicants and today we have a good applicant before us.”

Stoner Lane came up in connection with another approved permit, James Willett’s J&D Liquors

At A Glance

Continuing Hearing

One hearing held Thursday was continued for 60 days while the agency gathers more information. Agents found out about a church likely within 1,000 feet of Stephen J. Nolte’s application at 109 W. Monroe Ave. in Lowell just this week, they said. The hearing will be held at a later date to allow the agents to investigate the church and Nolte to rebut the claim.

Source: Staff Report

on a lot east of 14161 Arkansas 12. The site is located adjacent to a Dollar General store. Gary Van Overschelde, a resident of Stoner Lane, said he worries about an increase to traffic that erroneously turns down the dead-end street thinking they are going into the Dollar General parking lot. He also doesn’t want people getting a “fix” and throwing beer cans on the street, he said.

Martin Silverfield, board member, assured Van Overschelde the store must follow a good neighbor policy the board strictly enforces.

Two applicants approved Thursday had to assert they are not affiliated with the Macadoodles chain of liquor stores. Arkansas law allows people to own or have an interest in only one liquor permit in the state. There is a Macadoodles store in Springdale associated with the Missouri-based chain.

Sarah Gildehaus, wife of Macadoodles’ owner Roger Gildehaus, received a permit for Guess Who at 3700 S.E. Rainbow Road in Bentonville along Walton Boulevard. Gildehaus said she resigned her position with Gild Holdings, associated with Macadoodles, and no longer owns stock in the company. She said her husband will have no interest in Guess Who and the store would not be affiliated with Macadoodles in any way.

Michael Langley, director of administration for the state alcohol agency, pointed out as of 10 days ago there was a sign at the site of Guess Who that said, “Macadoodles coming soon.” She said the sign has been taken down, and the new store will not be called or look like a Macadoodles store.

The store presented its development plans to Bentonville using the Macadoodles name.

When it came time to make a motion on the issue, the board was silent for a long period. Eventually Hervey moved to approve the application.

“She has testified she has no interest in Gild Corporation or Gild Holdings. She has some experience in the liquor business,” said Hervey. “She seems to be a good applicant.”

Timothy Harrell, owner of Mac’s Get-N-Go in Bella Vista, also had to defend his position regarding Macadoodles. Harrell currently operates the convenience store and has a beer permit at the location. He said the name does not reference the Macadoodles chain. Langley showed Harrell a photo of the store’s current sign that says “Macadoodles” just above Mac’s Get-N-Go.

“I wasn’t aware of that,” Harrell said. “It will come off.”

Alcohol agents who visited the store saw employees wearing Macadoodles shirts, said Rick Crisman, deputy director.

“I do not have or have not ever had an interest in Macadoodles,” Harrell said.

Mitchell made the motion to approve the permit.

“There’s no liquor store there now,” Mitchell said. “When there is one, there won’t be a Macadoodles sign on it.”

The board unanimously approved the motion.

“Get some new shirts,” Powell told Harrell.

Permits denied Thursday included applications from Jerry Brown for Bella Vista Liquor at 17333 U.S. 71, Lidia Almaraz for Rogers Liquor at 1303 Walnut Ave., Patrick Travis for Latte Da at 808 S. 52nd St. in Rogers, James Hasenbeck for Bob’s Liquor at 212 E. Spruce St. in Rogers and Eric George for High Spirits at 702 S. Mount Olive St. in Siloam Springs.

Several of the denials involved proximity to churches, though most of the applicants did not show up for their hearing. A person answering Almaraz’s phone told the alcohol agency’s lawyer Almaraz was traveling out of state. Brown did not attend the hearing, and agents said they were never able to get in touch with him to begin working his application.

Travis sent employees to speak for him, but it was determined he was too close to a satellite campus for Harding University. George spoke for his application, but agents said his location was too close to South Side Elementary School and a church.

Hasenbeck did not attend his hearing either, but his son, Heath Hasenbeck, had earlier been approved for a permit. Heath Hasenbeck said the family, four of whom applied for permits, were only trying to get one store for his sister to run as a specialty wine store.

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