Council approves transfer of Leawood Wine & Spirits special-use permit after tie on transfer stipulation

The Leawood City Council on the night of the meeting approved an ordinance reissuing a special-use permit for Leawood Wine & Spirits to reflect a change in ownership, but it declined to attach a stipulation that would have allowed future ownership transfers without council review.

Planning staff explained the item is procedural: a special-use permit had been issued in 2022 and the permit was tied to the previous owner; because the business is changing hands, the governing body must review the transfer. Staff recommended an optional stipulation that would make the permit transferable to future owners; that stipulation would require a two-thirds council vote. The council considered adding the stipulation first, then the ordinance.

Councilmember Sunkel moved the stipulation, seconded by Councilmember Gayed. The vote tied 4–4; councilmembers Larson, Harrison, Kane and Castor opposed the stipulation. Council members were informed that the change required a supermajority (six votes), so the stipulation failed. The ordinance to reissue the permit then passed on roll call, 8–0.

Brandon Myers, representing AB Worldwide and the proposed buyer, told the council he and his wife live in Leawood and support the business, saying the transfer requirement “added actually quite a few months to the process, and additional investment in the process,” and that making the permit transferable would ease future sales.

Councilmembers discussed whether the LDO (Land Development Ordinance) process and state liquor licensing provide sufficient oversight. Planning staff said the SUP runs with the land and ownership usually, and a change in address or more substantive use change would require a new application.

Outcome and implications The governing body’s ordinance allows the business to continue operating under the Leawood Shops SUP with the same use and conditions; because the council declined the transfer stipulation, future ownership changes will come back to the governing body for review unless other code changes occur. The state liquor license remains a separate requirement and would still be enforced by state regulators.

Votes and motion - Motion to add a transfer stipulation: mover Councilmember Sunkel; seconder Councilmember Gayed; outcome: failed (4–4 tie; supermajority required). - Ordinance approving special-use permit for Leawood Shops, Leawood Wine & Spirits (transfer to new ownership): outcome: adopted by roll call, 8–0.

Councilmembers who spoke included Miss Hurley (planning staff), Councilmembers Harrison, Kane, Larson, King, Sunkel, Villa, Gayed and the applicant Brandon Myers. Planning staff noted that the additional stipulation was permitted by the LDO but required a two‑thirds vote to adopt.