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License woes dampen store owners' spirits
By Shar Porier/Herald/Review
Published/Last Modified on Wednesday, Sep 23, 2009 - 02:17:04 am MST
BISBEE - An application for a beer and wine package store license for the Double Adobe General Store led to a long discussion at the Cochise County Board of Supervisors meeting.
On Tuesday, Sue and Gerald Barnett explained to the supervisors that they bought the store to re-establish the 62-year-old historic landmark and provide a convenience for rural residents in Double Adobe and McNeal.
During the purchase, they contacted the county Planning and Zoning Department and were told the existing nonconforming use could be continued and they would be able to sell beer and wine. The previous owners did, though that license expired in 2008, Sue Barnett said.
However, the state does not permit the sale of alcoholic beverages if the establishment is within 300 feet of a church or a school. Double Adobe School built an addition a few years ago, and now the store sits 290 feet from the school site.
That creates a serious problem for the couple who spent their retirement savings on the purchase.
"They told us we would be OK, that we were a pre-existing nonconforming use. We bought the land on the assurance of planning and zoning," Sue Barnett said. "We took two measurements. One was 297 feet from the school to my front door; the other was 302 feet from the school, door to our door."
Supervisor Richard Searle pointed out that the school built the addition while the previous beer and wine license was in effect at the store.
"If the measurement were taken from the old school to the store, it would be over 300 feet," Searle added.
County Clerk Katie Howard, who handles liquor licenses, said when she talked with the state liquor board, she was told the Barnetts would be asked to withdraw their application, since no licenses are granted within the 300-foot rule.
"But that was before we knew of the distance discrepancy," Howard said.
Britt Hanson, deputy civil county attorney, said the measurement was to be taken from the school perimeter or playground to the store.
Supervisor Ann English suggested the state come out and measure the distance and let it decide how to handle the request. She said all her children went to Double Adobe School, and beer and wine was sold then.
"They all had access to alcohol, but nothing happened," English added. "The community is not in an uproar because of the license. It's always been there."
Supervisor Pat Call said, "This seems to be a bureaucratic technicality that is preventing the continuation of a landmark business. It's unfortunate, but the distance needs to be determined."
With Searle's recommendation of informing the state of the dilemma, the supervisors voted to send the application to the state with a recommendation of approval.
BISBEE - An application for a beer and wine package store license for the Double Adobe General Store led to a long discussion at the Cochise County Board of Supervisors meeting.
On Tuesday, Sue and Gerald Barnett explained to the supervisors that they bought the store to re-establish the 62-year-old historic landmark and provide a convenience for rural residents in Double Adobe and McNeal.
During the purchase, they contacted the county Planning and Zoning Department and were told the existing nonconforming use could be continued and they would be able to sell beer and wine. The previous owners did, though that license expired in 2008, Sue Barnett said.
However, the state does not permit the sale of alcoholic beverages if the establishment is within 300 feet of a church or a school. Double Adobe School built an addition a few years ago, and now the store sits 290 feet from the school site.
That creates a serious problem for the couple who spent their retirement savings on the purchase.
"They told us we would be OK, that we were a pre-existing nonconforming use. We bought the land on the assurance of planning and zoning," Sue Barnett said. "We took two measurements. One was 297 feet from the school to my front door; the other was 302 feet from the school, door to our door."
Supervisor Richard Searle pointed out that the school built the addition while the previous beer and wine license was in effect at the store.
"If the measurement were taken from the old school to the store, it would be over 300 feet," Searle added.
County Clerk Katie Howard, who handles liquor licenses, said when she talked with the state liquor board, she was told the Barnetts would be asked to withdraw their application, since no licenses are granted within the 300-foot rule.
"But that was before we knew of the distance discrepancy," Howard said.
Britt Hanson, deputy civil county attorney, said the measurement was to be taken from the school perimeter or playground to the store.
Supervisor Ann English suggested the state come out and measure the distance and let it decide how to handle the request. She said all her children went to Double Adobe School, and beer and wine was sold then.
"They all had access to alcohol, but nothing happened," English added. "The community is not in an uproar because of the license. It's always been there."
Supervisor Pat Call said, "This seems to be a bureaucratic technicality that is preventing the continuation of a landmark business. It's unfortunate, but the distance needs to be determined."
With Searle's recommendation of informing the state of the dilemma, the supervisors voted to send the application to the state with a recommendation of approval.
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