Plaintiff sought to change the zoning on a parcel of property from residence/agriculture district to community business district so he could build a liquor store. The proposed liquor store was to have a drive-thru window and would sell an assortment of alcoholic beverages. The Planning Commission voted to recommend the zoning change. Plaintiff then applied for a special exception use to sell high alcoholic content beverages at the store, which the Zoning Board of Appeals approved. A neighbor, however, appealed and the City Council reversed the approvals.
The District Court affirmed the decision and noted that even though other businesses in the area had special exceptions to sell similar products, plaintiff’s store would sell products with too high an alcohol content. The court of appeals agreed with plaintiff, however, and overturned the lower court’s decision. On appeal, the Supreme Court noted that the court of appeal’s reasoning “departs from our established jurisprudence” since the decision would require courts to inquire into the motivations of legislative decisions by concluding that only opinions supported by rational facts would be acceptable to the legislator. The Court determined that the Council appropriately overturned the approvals since there were rational concerns about the health, safety and welfare of the public.
Toups v. City of Shreveport, 2011 WL 880356 (La., 3/15/ 2011)
The opinion can be accessed at: http://www.lasc.org/opinions/2011/10C1559.opn.pdf
Thanks for the post.
I do see how the health and safety of others may be drastically affected with the ability to purchase alcoholic beverages in a drive thru but I wonder what sets this apart from say purchasing alcohol IN a store. What is the evidence to support there is any substantial difference between an owner of an establishment with a liquor license and this establishment?
Just wondering,
Michael
By: sikoralaw on March 29, 2011
at 2:48 pm
The primary difference is that when someone purchases liquor inside a store, the clerk can see if the customer is sober enough to stand up and walk. Drive-thru clerks cannot make this observastion and may sell alcohol to someone who isn’t sober enough to stand up and walk, let alone drive. This compromises public safety and jeapordizes the lives of the customer and other innocent motorists.
By: David Daker on December 3, 2011
at 8:28 am