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Owner seeks waiver of 200‑foot liquor‑store distance near Washburn; some councilmembers and public raise objections

2505050 · March 5, 2025
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Summary

An applicant seeking a waiver to KSA 41‑7‑10 to allow a liquor store within 200 feet of Washburn University presented a request to the council; council members split and public health advocates warned about outlet density and nearby addiction services.

A request to waive the statutory 200‑foot distance between a retail liquor store and a school (KSA 41‑7‑10) drew discussion on March 4 after the Alcoholic Beverage Control unit flagged a proposed location near Washburn University and returned the matter to the city for a local waiver.

Rod Schneider, attorney for the applicant, said owner Mr. Butler sought to open a small liquor store in a commercially zoned property previously occupied by a florist and described the area as a growing commercial corridor. "We are just looking to thrive in that neighborhood... I think it'd be a great place to start a business," Mr. Butler said.

City Attorney Amanda Stanley explained that state law gives the city a mechanism to waive the 200‑foot restriction in designated commercial core areas and that ABC flagged the site because it sits within the statutory distance. She said staff brought the request to council because council authorization is required under state procedure.

Public comment and council reactions: Danielle Twemlow, a community health advocate, urged denial and cited local data tying alcohol outlet density to higher rates of violence and related harms. "Our community has double the national average of liquor stores... Shawnee County's violent crime rate is 75% higher than the national average," she said, urging the council to consider social‑determinants and proximity to addiction services.

Council members split: Councilman Miller said he would not support the waiver because he did not want additional concentration of retail‑liquor outlets in the area. Councilwoman Valdivia Alcala also opposed the request, citing perceived saturation. Councilwoman Hiller said she would support the waiver, observing that the nearest dorms and campus buildings are substantially farther than the flagged 200‑foot mark and noting the neighborhood historically had a liquor store at the location.

Staff noted that Casey's — a convenience store across the street — will hold a different license type and the mix of license types affects how the statute applies. No final council vote on the waiver was recorded during the March 4 meeting; the item was presented for discussion and public input.

Ending: Council members asked staff for clarification on license types and local saturation; the city will return the item for formal action or next steps as required by state ABC procedures.