“This is a one time chance to make sure of some level of protection for a school or church.” Those were the words of Polk County Commissioner Greg Brooks as he urged other commissioners to pass a resolution lowering the buffer distance for beer sales.
He made the comment during a special called meeting of the commission Thursday, August 12, at the Copper Basin Community Center.
Ultimately, the commission would reduce the distance, but not unanimously.
Beer Board Chairman and District 1 Commissioner John Pippenger originally brought up the resolution. The commission had previously rejected a distance change at its July meeting, however, Pippenger said there had been some confusion over certain parts of the resolution that he felt needed to be explained.
Pippenger and Brooks also explained several situations the county is facing because of its current 2,000-foot buffer.
Among those are pending court challenges that continue to add to the county’s bill for legal fees, and the chance that if the challenges do go to court, the county could lose a buffer altogether.
Legal challenges have arisen because of one license being denied and another being revoked.
At the same time, because of what Pippenger described as an “oops” in the way the liquor law was passed, there is no buffer between where liquor can be sold and a church, school or place of public gathering.
Those are the same three areas protected by the county’s beer buffer.
Because of this difference, and looking at other court decisions, Brooks said there is a possibility the county’s beer buffer could be reduced to zero.
Pippenger pointed out buffers in other cases have been reduced to various distances.
Also, if the 2,000-foot barrier stays in place, at least two businesses holding licenses on the West side of the county, Fresh ’N Low and Food Mart #5, have now been determined to be within 2,000 feet of a church and could lose their beer licenses.
Some commissioners feared this could cause the county to lose its only remaining grocery store.
Julie Johnson, who manages the Bus Bar in Ocoee, urged the commissioners to reduce the footage limit.
She said the Bus Bar is the livelihood for 21 employees from Polk County while 75% of its customers are not Polk citizens.
“I need for you to consider all the families,” Johnson said.
The Bus Bar has issued one of the legal challenges to the county after the Beer Board revoked its beer license. It still holds a liquor by the drink license from the state, and a judge has granted a stay of the beer license revocation until the case is heard.
Commissioner Dewey Esquinance voiced opposition to changing the law, saying the law was not bad, so it shouldn’t be changed and that he was not going to be pushed into a change just because of the legal challenges.
Ultimately, the commission voted to change the buffer from 2,000 to 900 feet, building corner to building corner by the straightest distance, between businesses selling beer and any church, school or place of public gathering.
Voting for the change were Pippenger, Brooks, Debbie Davis, Jeremy Kimsey, and James Woody.
Esquinance voted no and Chairwoman Samantha Trantham passed.
The change took place immediately, effectively stopping any legal challenges to the 2,000 foot rule.