ShawneeDispatch.com

A decision next week concerning a drive-up liquor store proposal in Shawnee will be made on the merits of the project's zoning eligibility and not as a reflection of its effect on the community, a city official says.

City Council members on Monday will consider for the second time a proposal from Tony Gordon to add drive-up service to Gordon's Liquors,11110 W. 75th St. The Council on March 22 tabled a vote on the item to address legal concerns.

Marvin Rainey, Shawnee city attorney, said last week that he would relay a memorandum to the Council before Monday's meeting that addresses the matter.

Rainey said that the Council only can decide if the project complies with the city's established land use guidelines. A decision to disallow the permit based on potential risks associated with the service could be illegal.

"They have to make the decision as a zoning decision and not based on alcoholic beverages being sold through the drive-up window," Rainey said.

Permits for drive up service not related to alcohol previously have been approved at the site. A custard store with drive-up service was approved by the Council but never was constructed. Before the liquor store, the site accommodated stacking for a convenience store car wash.

Shawnee Planning Commissioners on Feb. 18 recommended 6-2 that the Council turn down the application, citing health and welfare of the community and concerns about identifying the age of the store's patrons.

Planning Commissioner Kevin Tubbesing said the plan, which city staff recommended for approval, instead should have been endorsed.

"My feelings on the matter are that it should have been approved with appropriate legal scrutiny of the operation of the drive-through," Tubbesing said. "If they violate law by selling to minors, then the license or permit to do so should be immediately revoked. There's no reason that I think that we should have presumed a negative effect."

Council members on March 22 agreed with the Planning Commission during their discussion. Both bodies have expressed concerns with lighting and traffic at the site.

"75th Street is very important to me, so I would have three words about this item: No, no and no," said Bryan Newby, a Ward IV Council member.

"Shawnee and 75th Street do not need to be a test bed for new liquor store marketing ideas," he added.

The most vocal Council member on March 22, Newby said he still opposes the idea but would consider approving a compromised version.

"I'd be open to creative thought that makes him successful and doesn't do something that discredits the area. That's my biggest concern," Newby said.

"What I don't want to happen is I don't want to go door to door in two years campaigning and have to explain to people who are upset about having the drive-through liquor store why I approved it," he said.

In order to overturn the Planning Commission recommendation, six City Council members would have to vote to approve the permit.