There will be no more Sunday beer and wine sales in Cave Springs, at least for a while.
Sunday sales were halted Monday when a state Alcoholic Beverage Control representative called officials of the city and E-Z Mart, 387 S. Main St. A city ordinance had allowed the sales but was contrary to state law, said Michael Langley, director of Alcoholic Beverage Control Administration. Sunday sales are not legal until approved by a vote of residents, Langley said.
The Cave Springs ordinance allowing Sunday sales was approved in early 2013, said Justin Eichmann, city attorney. Eichmann said he believes there was confusion on what residents must vote on and what the City Council could approve by ordinance, such as allowing liquor by the drink.
When the Cave Springs City Council approved its ordinance, a $500 permit fee for off-premises sales was established. Hours of operation were set at 7 a.m. to 11 p.m. Monday through Thursday, 7 a.m. to midnight Friday and Saturday and from noon to 11 p.m. Sunday.
Sunday hours will be stricken from the city ordinance when the council meets March 10, Eichmann said.
An enforcement officer visited the city during the summer, looked at the city ordinance and said it was OK, Eichman said.
"We don't enforce liquor laws, that's just ABC," Eichmann said.
City and store representatives should have called Alcoholic Beverage Control Administration and spoken to an attorney, not a field enforcement officer, if they had legal questions, Langley said.
E-Z Mart was the only store selling alcohol under the Cave Springs ordinance, Eichmann said.
The company has discontinued selling alcohol at the Cave Springs store on Sunday until further notice, said Amy Green, director of human resources. E-Z Mart was notified Monday the city had misread the ordinance in regard to selling alcohol on Sunday, Green said.
A woman who answered the phone at the store Tuesday said signs are posted, the store's computers recoded and there will be no more Sunday sales.
"It was just a mistake; it happens," Langley said. "We got it corrected."
The store could sell on Sunday again if the city holds a vote on the question and it passes, Langley said.
Eichmann said if people want an election the council will support it.
Alcohol sales are competitive, Langley said.
"I'm sure it was competition that called and turned them in. That's what happens," Langley said.
NW News on 02/26/2014