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Board approves conditional use for liquor store at 2121 Martin Luther King Jr. Parkway with 50% alcohol cap and audit
Summary
After deliberation and public input, the Zoning Board approved a conditional use for a liquor store at 2121 Martin Luther King Jr. Parkway with staff conditions, an added limit that no more than 50% of gross receipts come from alcoholic beverage sales, and a city audit provision; the vote was 5‑1.
The Des Moines Zoning Board of Adjustment approved a conditional use for a liquor store at 2121 Martin Luther King Jr. Parkway, adding a condition that no more than 50% of the store’s gross receipts may be derived from alcoholic liquor, wine or beer and that the city may inspect or audit sales records to verify compliance. The motion passed 5‑1.
Frank Dunn, city planning staff, reviewed the property’s zoning history: the site had previously been rezoned to MX3 (mixed use) and a prior conditional use was granted in 2020 but the premises later sat vacant for more than six months, triggering a new conditional‑use review. Staff said the property meets separation distances from churches, schools, parks and other alcohol retailers and recommended approval as a limited retail sales use provided it adhere to the conditions in the staff report.
Applicant representative Lloyd Ogle said the operator intends a convenience‑store model with prepared food and invested site improvements. Ogle said the team planned to “reinvest more into the site and put in a, a hood and grill and do prepared food out of there,” and told the board that meeting the staff‑recommended 40% alcohol‑sales cap could make the business model financially difficult. The prospective operator, Jas Nagra, said he is “just looking forward to opening up a business here, continuing to be involved with the community.”
Zoning enforcement officer Chris Halscope confirmed that if complaints arise the city could require a CPA audit of sales to determine alcohol percentage. Legal counsel Gary Guidelock advised the board it could place a cap other than 40% as a condition and could require inspections or audits under the applicable code provisions.
Board members debated tradeoffs between limiting alcohol sales and allowing a viable convenience‑store model that would bring site cleanup and ongoing occupancy. During deliberations the board added a condition capping alcoholic beverage receipts at 50% rather than the 40% threshold tied to the “limited retail sales” classification, and included an audit/inspection provision to allow staff to verify compliance. The motion to approve the conditional use with the staff’s conditions plus the 50% cap and audit authority passed 5‑1. The board told the applicants to expect a written decision and reminded them that any liquor license and permits remain subject to the city's licensing and permit processes.
