Jim Ack has reluctantly turned away several restaurants wanting to open in a building he owns in the 9th & 9th neighborhood of Salt Lake City.
An eatery would enhance the cozy walking district along the 900 South and 900 East corridor, he said. But a state law has stripped churches and schools, if so inclined, from approving liquor at new nearby restaurants.
On Tuesday, Ack took his concerns to the state liquor-control board.
The 2008 state law, sponsored by Curt Bramble, R-Provo, forbids newly opened restaurants from serving alcohol if the eatery is located within 200 feet of a church or school.
In Ack's case, the building at 965 E. 900 South is within the prohibited distance from the private Rowland Hall-St. Mark's Middle School, located at 970 E. 800 South.
"It's a conundrum for me and for 9th & 9th," said Ack, who has run a veterinary practice in the neighborhood for nearly two decades. "There's nothing we can do -- even if there was no community opposition ."
Liquor control Commissioner Bobbie Coray agrees.
"This law hurts rural economic development," said Coray. "It forces restaurants to open away from downtowns and encourages sprawl."
The problem stems from urban designs encouraged by 19th century Mormon leader Brigham Young, who wanted churches built in the center of every city and hamlet, said Coray. Today, churches and communities should have a say in alcohol variances, said the former Cache County economic-development director.
Coray pointed to the LDS Church approving a liquor license for the Copper Mill restaurant in Logan just across the street from the LDS tabernacle. Coray, a Mormon whose church eschews alcohol, attributes that approval years ago for helping revitalize the city's downtown area.
The little-known provision of the 2008 law was part of sweeping liquor legislation that took flavored malt beverages off store shelves and into state-controlled liquor stores.
Said Bramble of his provisions: "The issue was trying to reduce underage drinking and overconsumption, particularly in such close proximity to a church or a school."
Tighter restrictions also were placed on liquor permits near public parks and libraries. In addition to a 600 "pedestrian feet" distance ban, the bill added a serving prohibition within a "straight line" of 200 feet.
Under the rule, a host of new bars and downtown eateries could have been rendered dry. But Salt Lake City's lobbying team managed to get the bill amended to allow some alcohol variances.
During Tuesday's meeting of the liquor control board, for example, commissioners approved a beer license for La Chaca Mexican Grill and Los Machetes 2 in Midvale.
Both restaurants are located within 600 feet of the Cornerstone Evangelical Free Church, which opposed the eateries serving beer. Midvale City officials granted the beer licenses. Six residents showed up at a public meeting on the issue and supported the restaurants. No one from the church appeared, staffers said.
