Two More Benton County Liquor Permits Granted For County

BENTONVILLE — The state’s Alcoholic Beverage Control Board approved two more retail liquor permits for Benton County during hearings Wednesday in Little Rock.

Stephen Nolte and Raymond “Chuck” Simmons received permits for stores in Lowell and Pea Ridge in the only two county hearings planned for September.

The two approvals make a total of 41 liquor permits approved for the county since hearings began in July. The county will be allowed 55 permits. That is based on a formula that allows one permit per 4,000 residents.

Nolte’s hearing was the continuation of a hearing started in July that was suspended after questions arose about the proximity of a church. His store, Lowell Liquor, is planned for 109 W. Monroe Ave. at the intersection of West Monroe Avenue and South Bloomington Street in Lowell.

Simmons’ Hilltop Liquor was approved for a location at 165 W. Pickens St. in Pea Ridge. Simmons still faces some hurdles as the city level. The city of Pea Ridge has an ordinance requiring all liquor stores to obtain a conditional-use permit. Simmons’ request for a conditional-use permit was denied by the Planning Commission in May, according to Tony Townsend, the city’s building official.

Simmons appealed the denial to the Pea Ridge City Council, which tabled the request on the advice of the city attorney. Townsend said the appeal looked to be a moot point as Simmons’ proposed location was within 1,000 feet of a church on North Davis Street. State law prohibits liquor stores from obtaining a permit if they are within 1,000 feet of a church or school.

Simmons owns several acres on the site. Townsend said Simmons could potentially build a store further back on the property to be more than 1,000 feet away from the church.

“That’s what he said he was going to express to the board,” Townsend said.

Simmons still will need a conditional-use permit to open the store, said Howard Slinkard, city attorney. Simmons can pick the appeal back up with the City Council, Slinkard said. The proposed store has received public objection, according to a Sept. 11 NWA Media story.

“If the city strongly disagrees, they can file an appeal,” Slinkard said. “They’re not anti-liquor, but I know they didn’t think that was a very good site. It’s in an odd place, frankly.”

Simmons’ hearing was the first from the group that was not among the initial 55 applicants to have hearings. The first 55 of the 69 applicants drawn had hearings in July. Of those, 39 were approved and 15 were denied. Nolte’s hearing was continued.

The remaining applicants will be heard as lawsuits filed in the wake of the July decisions are resolved.

Opponents of the outcome of liquor permit hearings can file an appeal within 30 days with Benton or Pulaski County Circuit Court.

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