Two developers hope to find a way forward for their proposed ‘package stores’ after council members voted against the projects last month.
It’s been several weeks since the elected officials unanimously denied separate Specific Use Permits for Gokarna KC and Sam Patel’s ventures. According to the general consensus July 17, the current five liquor stores are sufficient.
It’s an expensive ‘No’ for Gokarna KC, who says there’s a $600,000 investment on the line and no local ordinance that would have steered him away from opening his Nebula Vape & Liquor store in Suite 100 of 807 S. Tyler St.
The developer followed-up with city staffers July 31 and hopes to plead his case to Mayor Brandy Flanagan in the week ahead. He already has the essential licensing in-hand after submitting the requisite paperwork, including city documentation and paying the necessary fees to the Texas Alcoholic Beverage Commission.
“I have a permit right now,” he said. In addition to the city’s nominal $175 fee, “I’ve already spent around $40,000 for all the signs, the inside racks, all the licensing. I’ve already ordered the merchandise.”
Sam Patel says he’s still eager to open “a very high-end spirit and wine store” at 1004 E. Broadway Ave. He wasn’t especially surprised by the council’s July 17 denial following a cool reception and split vote by the city’s Planning & Zoning Commission.
“The planning and zoning did approve, and they did mention this would be the last liquor store Gladewater would have. I said I would make it count,” Patel recalled last week. “I think the city council had a different idea. Their concerns weren’t, I wouldn’t say, unreasonable. I could see having too many stores of a particular kind would cause a problem.
That said, “I will try to see if there’s another way we can still go through with this project, if there is a way.”
[TOP: A Gladewater Zoning Map lays out current zoning throughout the community, including Heavy Commercial. Source: cityofgladewater.com/zoningmap]
For decades, the City of Gladewater has used Specific Use Permits to control select developments in the community, including so-called package stores selling liquor in addition to beer and wine.
According to local ordinance 15.11.480, “The City Council may, in the interest of the public welfare and to assure compliance with this chapter, establish conditions of operation, location, arrangement, and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as specific use permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions.”
SUPs are explicitly referenced three times in current city regs – for RV parks, mobile food truck parks and the operation of auction houses.
Per Gladewater City Attorney Ronald Stutes, “The specific use permit system allows the City Council to act in the best interest of the city, considering all of the factors, and the Council made the decisions to deny the permits based on all of the factors.”
Gladewater’s zoning codes also restrict liquor stores to Heavy Commercial zoning. Both 807 S. Tyler St. (adjacent to Penny’s Food & Fuel) and 1007 Broadway are located in such areas.
The local regulations copy state rules for liquor licensing, including location restrictions (i.e. not within 300 feet of educational institutions) and requiring an application from manufacturers, distributors, retail dealers and individuals.
According to the code, “Upon such application and proof being furnished, the Council shall grant the application and shall direct that a license be issued to the applicant by the Clerk and it shall be the duty of said Clerk to issue the license upon the payment of the proper license fee.”
The City of Gladewater also has regulations on the books for tobacco as well as nicotine, e-cigarettes and similar paraphernalia. Like many communities throughout the state, there are no specific guidelines in place yet for the retail hemp industry, which is currently embattled at the Texas capital.
One state-level ban was vetoed by Gov. Greg Abbott this summer. Last Friday, the Texas Senate approved another ban on hemp-derived THC, sending it on for a likely fight in the House.
Gladewater’s ‘package store’ debate is in limbo at the moment.
Gladewater City Manager Charlie Smith says he’s waiting to hear more from the would-be developers and council members.
“They voted to not approve it, so we’re still in that mode unless something else changes and it comes back and the vote has changed,” he said Monday.
Gokarna KC says he stands to lose $600,000 if the Nebula project doesn’t move forward at this point, especially receiving an initial green light from City Hall.
“They have no city ordinance that says they can only have five liquor stores. How can the city council block it? That is not legal, right?”
He’s hopeful the development will proceed once they have all the details in-hand.
“First, before hiring a lawyer, maybe they can reason with my problem,” he said. “I’ve already spent a lot of money. They have no ordinance. I believe they will be considerate of it in my situation.”
With respect for the council members, Patel says his venture won’t attract the problems that concern them. After living and working in East Texas for a decade, he’s focused on a high-end business and clientele.
“That’s the kind of stuff we normally like to build and offer to the community,” he said July 30. “I really don’t want to draw any kind of customers that make trouble.
“Moving forward, I’m a businessman. I’ll be targeting some new areas where I can potentially put something that can grow,” and Patel hopes that’s in Gladewater: “I will try again.”