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Bill to codify 'schoolhouse' definition stalls after debate over scope and economic effects
Summary
Representative Mayberry's bill to define "schoolhouse" for liquor permit proximity drew concern that its "including without limitation" phrasing could unintentionally cover daycare and other community uses; the committee failed to advance the bill after a roll call (recorded as 3-1-3).
Representative Mayberry said House Bill 1385 codifies an attorney-general opinion and court precedent to define "schoolhouse" and to clarify where liquor-store permits may not be located. The sponsor said the intent is to protect children and to clarify ambiguities that have arisen in ABC enforcement and litigation.
Committee members raised concerns that broad language ("including without limitation" and "educational purposes") could sweep in licensed day-care centers, tutoring centers, community clubs and other sites and, as one senator warned, could make large retail or strip-center developments (for example, a Walgreens or Kroger) ineligible for future liquor-store permits.
Borley Chandler, ABC director, told the committee current distance restrictions apply to liquor-store permits and do not apply to grocery stores that hold beer and wine permits; she said if the law were changed to allow grocery stores to sell hard liquor in future, the new statute would affect them. Several senators suggested narrowing the definition to facilities "sanctioned" or licensed by the state (Department of Education, DHS licensing) and the sponsor said she would consider an amendment.
The committee took a roll-call vote; after tallying votes the chair announced the bill failed (reported as "3-1-3"). The sponsor said she may return with an amendment to clarify who and what the definition covers.
