Town Approves Changes in Alcohol Sales Limits

By Chris Sorensen

KCP Staff

May 14, 2004

The Town of Eads Board of Trustees met in regular session Tuesday evening with board members Charles Howard, Diane Crow, Dorie Musgrave, Daryll Adamson and Mayor Larry Michael present. Board members Jan King and John Philpy were absent.

Gary Davis, attorney for the town, had prepared an ordinance which would change restrictions set in state statutes prohibiting the sale of alcohol within 500 feet of a school. The statutes do, however, allow a municipality to reduce or eliminate restrictions via local ordinance. The change was prompted last month by the potential sale of property at 9^th and Wansted Streets to a group of investors interested in opening a bar and recreation center. The property is owned by Michael, who withdrew from the meeting due to the conflict of interest. Crow assumed control of the meeting in the absence of Mayor Pro Tem Philpy.

Crow questioned whether the ordinance would only exempt property along Wansted Street, which Davis confirmed. Musgrave stated that she didn’t think there would be an impact on the high school, which is closest to the site. Davis also stated that the exemption would not apply to any new school structure, just the present school structure. Board members debated whether the ordinance should cite commercial property as being exempt, however it was determined no residential property was within the exemption area and, since Eads is not zoned, it isn’t possible to distinguish property types. Davis also reminded the board that the exemption does not automatically grant a

right to sell alcohol in the area; the license approval procedure would still apply to any potential business. Musgrave pointed out that the consensus at the last board meeting was to proceed with the exemption without committing to approving any particular license. Board members agreed the consensus had not changed, and voted to approve the ordinance, with all in favor except Michael, who abstained. Text of the ordinance appears elsewhere in this issue. It becomes effective in 30 days. Dawna Peck, Eads Town Clerk, reported that she had not had any contact with the investment group since they were at the last meeting.

In other business, Eads resident Dony McPherson and his fiancé Ginger Larrew, we’re present to request a hearing date be scheduled for a liquor license. Their license is not related to the Colorado Springs investment group, and the proposed site at the corner of Maine Street and Highway 287 does not require an exemption since it is well beyond 500 feet from a school. The hearing was set for 7:00 p.m. June 15, and will be open for public comment.