Commission amends ordinance on alcohol sales

Wednesday, November 4, 2015

The Fort Scott City Commission has approved an ordinance related to exemptions for establishments that sell alcohol.

During their Tuesday meeting, commissioners heard from local resident and business owner Denise Duncan regarding a Commercial Core District ordinance, which allows certain alcohol establishments, to be within 200 feet of certain churches, schools or colleges.

"There's a new law that can allow municipalities to allow alcohol to be sold within 200 feet of school or church," City Manager Dave Martin said. "They used to not be able to do it within 500 feet."

Duncan and her husband, Bobby, have renovated the second floor of an 8,000-square-foot historic building at 102 S. National Ave., into their home. The Duncans also own and operate the Vinedo del Alamo winery which is located on Poplar Road north of Fort Scott.

The business, the first winery to open in Bourbon County, celebrated its opening with a ribbon cutting event in September.

"As a city, this (ordinance) will allow people to sell liquor," Martin said, adding the Duncans' home is located "very close to a church."

The city ordinance states that it amends "Article 9, Commercial Zoned District zoning regulations for the city of Fort Scott by exempting certain alcohol establishments to allow said establishments to be within 200 feet of certain churches, schools or colleges."

The ordinance is amended by adding, "liquor retailers, microbreweries, micro distilleries and farm wineries are exempt from the location restriction set out in K.S.A. 41-710 with regard to location near a public or parochial school, college or church and shall be allowed to be within 200 feet of churches, schools or colleges subject to obtaining a retailer's license in accordance with applicable regulations."

Commissioners unanimously approved the ordinance, which will become effective after passage and publication in the official city newspaper, The Fort Scott Tribune.

During the meeting, Denise Duncan said HB 2162, which passed in June, concerns revitalization of downtown areas and allows exemption in core commercial districts.