Bonifay Council approves liquor variance 3-2

BONIFAY – Bonifay City Council voted 3-2 to approve a variance to allow sale of beer and wine at the Townhouse Restaurant on Waukesha Street. Action was taken following a public hearing Thursday night at City Hall. A sparse crowd was in attendance.

Mayor James Sims and Council Member Roger Brooks voted no while Council Members Richard Woodham, Micah McCormick and Joann Foxworth voted for a variance of the City’s Ordinance 302 that bans sale of alcohol with 2,000 linear feet of a church or school. The restaurant is with that distance of churches and Bonifay Middle School.

Owners Rocky and Kelsey Dukes requested the variance to help their business grow and attract more clientele. Kelsey Dukes repeated her proposal given at the last Council meeting to develop a “Longhorn” type establishment and not have a “bar” atmosphere. Beer or wine would only be sold with meals and no bar of any kind would be added.

Kelsey Duke said the goal was to attract customers from surrounding communities as well as Holmes County, draw tourists passing through the county and help build up downtown.

The only citizen that spoke in opposition was Sarah Bynum, who noted that beer and wine sales would be close to the school and churches, and criticized “the message this is ending to kids,” she said. “I’m totally against this.”

Harold Coomer declared himself “totally in support of anything that would help downtown.” Mike Alvis, the restaurant’s landlord, said granting the variance would “help bring some folks into downtown.” He said neither he nor the Dukes wanted “anything resembling a lounge,” and that he opposed the establishment evolving into something that would hurt the value of his other downtown property.

“This would only help the city,” said Foxworth. She noted that nice restaurants would want to serve alcohol, “and I can’t see it would hurt anybody. I don’t think anyone wants to hold the City back.”

Woodham said he was not a drinker and expressed concern about Wednesday “church night” and traffic and parking near the restaurant. “If somebody walks out of there drunk and I hear about it I’ll want to close it down,” he said. “I have no problem if they run it the way they say.”

Brooks said that Bonifay was “a conservative community,” and that the ordinance was established for a purpose,” and voted no.

City Attorney Luke Taylor said state law leaves it up to local government to design liquor ordinances. The Dukes had not applied for a liquor license pending action by Council on the variance. The City will also have to research taxation of liquor sales as there is presently no law on the books on this issue.

Currently only the LaQue pool hall sells beer in downtown, and Pizza Hut sells south of town. Woodham said that some changes could be necessary in the ordinance if restaurant chains were to invest in property south of the Interstate.

Council approved the variance for the property owners, Arest LLC.