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March 6th, 2010
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The Grapes of Wrath ... And Liquor Sales In Milton


Tim Allen's ambitions for his Bottle Shoppe, "The Barn", dissipated as Mayor Joe Lockwood and Milton's City Council unanimously agreed to issue an alcoholic beverage license to "All About Spirits" owners Terry and Tana Coleman.

Julie Zahner-Bailey

Alan Tart

By Maggie West / Staff


Tim Allen's ambitions for his Bottle Shoppe, "The Barn", dissipated as Mayor Joe Lockwood and Milton's City Council unanimously agreed to issue an alcoholic beverage license to "All About Spirits" owners Terry and Tana Coleman.


Unexpectedly, though, the March 1 decision left Allen and the council equally dismayed.


"After opening the store, within six months, we were getting hammered with requests for liquor," Allen told the council. Allen leased the Birmingham Highway space, which currently sells only beer and wine, three years ago. Armstrong Development, owner of the shopping center in which "The Barn" is located, faced stern zoning restrictions at the time of purchase -- restrictions that bar the sale of packaged liquor within city limits.


Allen told the council, "We sat down with staff and tried to figure out how we could make this happen: the amount of liquor we could have; how it would be packaged. We even set some self-restrictions with the hopes of being approved. And all were denied based on the city's current zoning restrictions."


The Colemans, owners of a service station across the street from "The Barn", plan to renovate, and add a package store as well. For reasons that are still unclear, they needed only comply with less restrictive 1950's zoning codes. Before proceeding, though, they applied for and received a license. Allen's repeated attempts to bargain with Milton's City Council, on the other hand, failed. On Monday night, he cited ongoing negotiations and unsuccessfully asked to have the Colemans' application denied.


TAKING IT TO THE BANK


Melissa Hastings, the Colemans' attorney, spoke of her clients' excitement over becoming part of the community. She argued, "There's only going to be distilled spirits. There won't be anything else in there. It won't compete with the gentleman across the street."  Hastings further assured the council that "These people are ready to make these sales in the proper manner."


Jeffrey Dehner, Armstrong Development's attorney, pithily defined "proper manner": "Milton is opposed to growth. They want nice looking wholesome developments only."


Council members Julie Zahner-Bailey and Alan Tart raised the motion to defer, at different intervals, with no seconds as the additional members sought clarification of the city's rights. Citing the law, City Attorney Ken Jarrard noted that any business meeting the requirements is entitled to the license. The Colemans qualified, and received it.


JUST COKE AND PEPSI: NO LIQOUR FOR YOU


The zoning confusion left the Colemans' parcel with no conditions attached, while forcing Allen to comply with newer and more cumbersome laws, putting them at a huge competitive disadvantage. Although the council opposed the sale of packaged liquor in Milton, they had no choice but to vote in Coleman's favor.


As a Milton ordinance forbids the issuance of a liquor license within 500 yards of an existing package store, Allen is out of luck. Outside city hall, he summed up his grievances: "I'm able to pay the bills. But I wanted more than that. I wanted what most business owners want -- to make money. There goes thirty percent of my projected business."


And another potential commercial taxpayer bites the Milton dust.


Email mwest@beaconcast.com

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