Fight Brews Over Alcohol Near School City Council Rejects Application; Convenience Store Plans On Hold

A brouhaha over beer has stalled plans for a new convenience store and gas station near Bonners Ferry High School.

Businessman Allen Sandaker recently applied for a beer and wine license for a BP store to be built 50 feet from the high school parking lot.

The City Council rejected the application, saying selling alcohol that close to the school is a bad idea and illegal.

“Our intent is not to put a damper on the entrepreneurial spirit, but to help foster an environment to keep schools drug and alcohol free,” said council president Darrell Kerby.

“We’ve had a huge amount of comment on it and the general public is as unanimous as I’ve ever heard them saying they don’t want alcohol available that close to the school.”

Sandaker insists he is within the law and is being unfairly targeted.

According to state code, facilities that allow alcohol consumption cannot be within 300 feet of a school or church, said Denise Rogers of the state department of Alcohol Beverage Control.

“It’s not unusual to have a convenience store or grocery store sell alcohol within 300 feet of a school as long as there isn’t on-premise consumption,” she said. “But it’s also not unusual for a city or county to come up with local law that restricts sales.”

That is exactly what Bonners Ferry officials plan to do next week.

The city’s current alcohol ordinance isn’t clear about beer and wine. The law only bans liquor by the drink sales within 300 feet of a school.

“We believe, and certainly the school district believes, that law prohibits any alcohol sales within 300 feet of the school. But our intent is to clarify that law and put it succinctly and in modern language,” Kerby said.

The council will have a public hearing Feb. 6 on a new alcohol law.

Sandaker fears his store is going to be the sacrificial lamb so the city can appear to be taking a tough stand on underage drinking.

“They are making a law to target me. I don’t think that is fair, and I don’t think the city has really thought this through.”

He noted the Circle K convenience store, which sells beer, is only one block from the school. A new IGA grocery store will be just more than 300 feet from the school. And students are currently allowed to leave for lunch and eat across the street at Albertos, a Mexican restaurant that serves beer.

Sandaker said his pitch to BP officials, which will help finance the store, included projections for alcohol sales. If alcohol isn’t allowed, the entire project may fall through. Beer, snack foods and other sundries are the mainstay of convenience stores.

“I’m not trying to get pushy. I’m not trying to tempt the kids with alcohol and I’m not going to sue the city,” Sandaker said. “I just don’t think it’s necessary for them to change the law to stop my store.”

City officials aren’t swallowing Sandaker’s arguments.

“He has an excellent location for business like that,” Kerby said. “I find it hard to imagine that alcohol would be required for it to be a success.”

, DataTimes