Lowell begins talks on Sunday alcohol sales

Lifting ban would be good for businesses, local tax coffers, proponents say

LOWELL -- Officials in Lowell have begun talks about what it would take for the city to allow retail alcohol sales on Sundays, something few cities in Arkansas permit.

Retailers in the Benton County city are losing money because of a ban on the sale of alcohol on Sundays, Alderman Dean Bitner said. Lowell's neighbors to the south, Springdale and Tontitown, both in Washington County, have passed ordinances allowing Sunday sales at liquor stores.

"Retailers can sell in Springdale on Sunday," Bitner said. "People who live around a store here can't buy from that store on Sundays."

On-premises alcohol sales, such as in restaurants and bars, are permitted in Benton County on Sundays. Purchasing alcohol from a liquor store or convenience store is considered off-premises, and such sales are not allowed on Sundays in most cities in the state. Off-premises sales were first allowed anywhere in Benton County in November 2012.

Lowell's discussions started during an ordinance committee meeting May 27, when a majority of committee members voted to put the topic before the City Council. After further review, it was decided to pull the issue from the council's agenda because officials learned the issue would have to go to a public referendum, Bitner said.

Tom Kieklak, Rogers city attorney, said the state bans the off-premises sale of alcohol in cities and counties on Sundays. An election at the local level is needed to change that, he said.

"The state's default position is that Sunday sales are not legal, so the only way to make them legal in any town or county is to go through a petition process and election," Kieklak said. "This would become an amendment to city ordinance."

Mary Robin Casteel, a staff attorney for the Arkansas Alcoholic Beverage Control Division, said only a handful of cities in the state have lifted the Sunday retail sales ban.

Springdale overturned the ban in November 2012, said Denise Pearce, Springdale city clerk.

A petition signed by qualified voters is needed to overturn the law, Casteel said. The petition must be signed by 15 percent of voters who participated in the past governor's race. It can be 15 percent of voters in the city or county, she said.

Stan George, manager of High Spirit Liquor in Lowell, said the ban of Sunday sales causes him to lose customers to Springdale and Missouri, which allows Sunday sales statewide.

"I have a significant number of my clientele tell me they went to County Line Liquor [in Springdale] or Missouri on Sunday, and they would love to come here but they don't have the chance," George said.

Sunday is one more day the business could be open to make revenue, George said. It probably would be a typical day of sales, not higher or lower than other days of the week, he said.

"During football season, you might be losing even more than a normal day, because people have cookouts and tailgates," George said.

Allowing alcohol sales on Sundays would be good for businesses, but also for the city and county, George said. He said he pays taxes to both government entities.

Wyman Morgan, Springdale director of finance and administration, said the city doesn't have any data to show whether retail sales of alcohol on Sundays changed revenue for the city.

The discussion in Lowell is just starting, Bitner said. He expects it will continue and said a petition could be circulated in the future.

Metro on 06/21/2015

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