Oak Ridge council reverses decision on new liquor store near Boys and Girls Club

Donna Smith, Oakridger
·4 min read

After Mayor Warren Gooch and others on Oak Ridge City Council said the decision to give local approval for a new liquor store was a mistake, Council on Monday night unanimously rescinded the action. It could lead to legal action.

City Council members said they did not know Oak Ridge Wine & Spirits, 21 Jefferson Ave., was so close to the Oak Ridge Boys and Girls Club. They approved the business in June and sent a local certificate of compliance to the Tennessee Alcoholic Beverage Commission.

That certificate verified that Kishan Patel, the executive officer of store owner KKP2 Inc., had never been convicted of a felony and had met all local requirements for the business to sell alcohol. Upon applying for permission to sell alcohol from the TABC, it will be up to that entity whether to approve the business for the sale of alcohol.

The store is separated "only by the 24 foot width of the roadway" from the Boys and Girls Club, according to a resolution approved by Council on Sept. 21. But a liquor store being located so close to the nonprofit organization is not technically against the city's restrictions, according to City Attorney Tammy Rackard.

The city's restrictions, according to officials, prohibit businesses that sell alcohol to be close to schools, churches, public institutions, etc. Several Council members said they felt the club – which provides afterschool and weekend programs and sports to many children – should be included in the "etc."

Here's what has happened so far:

  • On June 21, five of the seven members at a Council meeting approved a resolution granting KKP2 Inc. a permit for the retail sale of alcoholic beverages since Patel had met all local regulations and hadn't been convicted of a felony. Absent from the meeting were Council members Rick Chinn and Derrick Hammond.

  • On Sept. 21, Council adopted a resolution sending its concerns about the business to the TABC, the ultimate authority for the sale of alcohol. By this time, Council knew how close the business was to the club and had likely heard from parents of club members upset by its proximity.

  • On Monday night, Council unanimously rescinded the June 21 action.

Attorney Grayson Schleppegrell, representing the owner, said his client had already invested more than $300,000 in turning the former bank building into a liquor store. He said Patel followed the law and there was no reason to deny him the ability to open the liquor store.

Oak Ridge Wine & Spirits, 21 Jefferson Ave., is at the center of a controversy in the community. Oak Ridge City Council indicated it made a mistake in recommending the business, which is near the Oak Ridge Boys and Girls Club, be approved by the Tennessee Alcoholic Beverage Commission for permission to sell alcohol.
Oak Ridge Wine & Spirits, 21 Jefferson Ave., is at the center of a controversy in the community. Oak Ridge City Council indicated it made a mistake in recommending the business, which is near the Oak Ridge Boys and Girls Club, be approved by the Tennessee Alcoholic Beverage Commission for permission to sell alcohol.

"Punishing him now is unfair," the attorney said. He said Patel doesn't want anyone driving drunk or doing anything that would harm others. "We're part of the community," he said.

The attorney said he could not say if his client would take legal action against the city.

Growing up in a community ravaged by alcohol abuse, Council member Derrick Hammond said he would never and could not approve action that would put an "off premise liquor outlet" across the street from an organization that serves children. Hammond is pastor of Oak Valley Baptist Church in Oak Ridge.

Both Council members Chinn and Chuck Hope, who said they grew up attending the club, indicated they could not go-ahead with the approval of the business going to the TABC.

Indicating his "heart and soul" was in the Oak Ridge Boys and Girls Club, Hope said, "I'm in a moral quandary."

"I have acknowledged that I made a mistake," Mayor Gooch said referring to his vote in June. However, he said he felt that the city's legal restrictions to prohibit the sale of alcohol near a school indicated the city leaders aimed to protect the children.

City attorney Rackard, at Council member Jim Dodson's request, listed businesses that sell or serve alcohol that are near the Boys and Girls Club: Jefferson Tavern, a convenience store that sells beer, and the Moose Lodge. However, it was implied that all were there before the club.

Club Board President James Powers spoke to Council about the situation, saying he thought they were shocked after their initial vote in June to discover the store would be so close to the club and nearby Linden Elementary School. He said parents dropping off children at the club for afterschool programs and sports need to be assured their children would be safe.

News editor Donna Smith covers Oak Ridge area news for The Oak Ridger. She can be contacted at dsmith@oakridger.com.

This article originally appeared on Oakridger: Oak Ridge city council reverses on liquor store near Boys Girls Club