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Council approves ordinance waiving state distance restriction for proposed liquor retailer; three council members oppose
Summary
The governing body voted to pass an ordinance waiving aspects of state distance restrictions that would otherwise bar a retail liquor store from locating close to a school, college or church. The measure drew extended debate over public health, neighborhood impacts and consistency of permitting.
An ordinance introduced by the city manager to exempt an applicant from a distance restriction in state law that limits retail liquor stores’ proximity to schools, colleges or churches passed the governing body on March 11.
City Attorney Amanda Stanley explained the state rule as KSA 41 dash 7 (explained at the meeting as the statute that “prohibits a retail liquor store from being within 200 feet of any public parochial school, college, or church”) and said state law allows the governing body to waive the restriction by ordinance. She also described an attorney general opinion on how the 200-foot measure is calculated.
Councilwoman Sylvia Ortiz moved approval and the deputy mayor seconded. After more than 30 minutes of debate, the ordinance passed by a roll-call tally of 7–3. Councilwoman Valdivia Alcala, Councilwoman Ortiz and Councilwoman Ann Miller voted no; the motion carried with seven affirmative votes from the remaining members.
Opponents cited public-health concerns and neighborhood impacts. Councilwoman Valdivia Alcala said she had received a large number of constituent emails opposing the waiver and said those messages were mostly from women raising concerns about children’s safety and community health. “I cannot support this,” Valdivia Alcala said.
Supporters said the decision enables small-business development and noted nearby locations already sell alcohol. Mayor Padilla pointed to practical examples and said permitting for special events already allows alcohol on some campuses. Deputy Mayor Banks emphasized parity: he said a national chain received a convenience-store beer/wine license on the same corner in a prior council decision and that treating local and corporate applicants differently would be difficult to justify. “I just personally struggle a little with telling the corporate chain store, sure, I don't mind if you sell it here, but the local guy differently,” Councilman Duncan said as part of the debate.
City Attorney Stanley reiterated that state law contemplates waiver by ordinance and that the governing body’s action is legal if it chooses to approve it.
The ordinance’s passage did not create a new citywide zoning rule; it granted a waiver for this applicant under state statute as explained by the city attorney. The council did not adopt additional zoning changes or a density plan at the meeting. Several councilors urged future consideration of a formal density or neighborhood plan before future approvals.
