Superstop, Inc. v. Town of Winnsboro

467 So. 2d 1223, 1985 La. App. LEXIS 8573
CourtLouisiana Court of Appeal
DecidedApril 3, 1985
DocketNos. 16843-CA, 16844-CA
StatusPublished
Cited by2 cases

This text of 467 So. 2d 1223 (Superstop, Inc. v. Town of Winnsboro) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Superstop, Inc. v. Town of Winnsboro, 467 So. 2d 1223, 1985 La. App. LEXIS 8573 (La. Ct. App. 1985).

Opinion

JASPER E. JONES, Judge.

Superstop, Inc., the plaintiff in these consolidated cases, appeals a district court judgment upholding the Town of Winns-boro’s denial of plaintiff’s applications for a retail package liquor permit (# 16,843-CA) and a Class B retail beer permit (# 16,844-CA).1 The applications were denied because plaintiff’s place of business was found to be within 300 feet of a school. The sole issue raised by this appeal is whether the distance between the school and plaintiff’s place of business was measured according to law.2 We affirm on the denial of the liquor permit and reverse on the denial of the beer permit.

Pursuant to a lease from Wilson Oil Company plaintiff operates a combination convenience store and gas station in the Town of Winnsboro. Wilson owns the store building and surrounding lot. The entire lot is covered by a concrete slab. Plaintiff only leases the building and the portion of the lot fartherest from the school. The portion of the lot nearest the school, which extends to a line approximately 33 feet west of plaintiff’s lease line, is not leased to anyone but is used by plaintiff’s customers as a drive through. The gasoline storage tanks for plaintiff’s business are located beneath the unleased portion of the lot. A fence that is color coordinated with the building runs along a portion of the Wilson property line rather than along plaintiff’s lease line.

[1225]*1225Plaintiff’s business is located east of the Winnsboro Lower Elementary School. The east and south side of the school property line is surrounded by a blacktop parking area, approximately 15 feet in width, which is used almost exclusively for school parking.

The issuance of alcohol beverage permits is regulated by Title 26 of the Revised Statutes. LSA-R.S. 26:80 C authorizes local governing units to enact ordinances prohibiting the issuance of retail liquor permits to businesses located within certain distances of specified locations. In parts relevant to this litigation it provides:

C. Governing authorities of parishes and municipalities may enact ordinances to prohibit the conduct of alcoholic beverage businesses within a certain distance of a parish or municipal playground or of a building used exclusively as a regular church or synagogue, public library, or school, except a school for business education conducted as a business college. No state or local permit shall be issued in contravention of any such ordinance.
In municipalities the prohibition may not extend more than three hundred feet from the church, synagogue, library, school, or playground. The measurement of this distance shall be made from the nearest point of the property line of the church, synagogue, library, playground, or school to the nearest point of the property line of the premises to be licensed, (emphasis supplied) With respect to beer permits LSA-R.S.

26:280 C contains a similar provision. It provides:

C. When prohibited by municipal or parish ordinance no permit shall be granted for any premises situated within three hundred feet or less, as fixed by the ordinance, of a public playground or of a building used exclusively as a church or synagogue, public library, or school, except a school for business education conducted as a business college or school. In municipalities and in unincorporated areas which are divided into subdivisions with streets, blocks, sidewalks, etc., this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground, or school to the nearest point of the premises to be licensed, (emphasis supplied)

Pursuant to these statutory guidelines the Town of Winnsboro enacted Ordinance 3-12 which provides:

No permit shall be granted pursuant to this chapter for any premises situated within three hundred feet or less of a public play ground or of a building used exclusively as a church, or synagogue, public library, or school. With respect to beverages of high alcoholic content the measurement of this distance shall be made from the nearest point of the property line of the church, synagogue, library, play ground, or school to the nearest point of the property line of the premises to be licensed or by such other method as may hereafter be prescribed by state law. With respect to beverages of low alcoholic content, this distance shall be measured as a person walks, using the sidewalk from the nearest point of the property line of the church, or synagogue, library, play ground, or school to the nearest point of the premises to be licensed or by such method as may hereafter be prescribed by the state law. The restrictions contained in this section do not apply to premises which are maintained as a bonafide hotel, or fraternal organization.

For references to points and distances necessary to resolve the issues in this case we attach a plat as Appendage I which was prepared by a surveyor and was admitted into evidence as joint exhibit one. The parties stipulated the plat is correctly drawn and the distances between the points as shown on the plat are correct. The points shown on the plat are:

A — the point on the school property line nearest plaintiffs business.
B — the point on the parking area around the school property nearest plaintiff’s business.
[1226]*1226C — the point on the Wilson property line nearest the school.
D — the point on plaintiff’s lease line nearest the school.
E — the point of the store building nearest the school.

Liquor Permit

For purposes of the liquor permit Ordinance 3-12 and LSA-R.S. 26:80 C require the 300 feet to be measured from the nearest point on the property line of the school to the nearest point on plaintiffs property line. The trial judge denied the liquor permit by measuring in a straight line from the point on the parking area around the school nearest plaintiffs business (Point B) to the point on the Wilson property line nearest the school (Point C) which measurement shows the distance between the two points to be 250 feet which is less than the 300 feet minimum requirement of the ordinance. The trial judge commenced at Point B because he found the normal activities of the school are carried on to the edge of the parking lot and Point C because plaintiffs customers use the unleased portion of the Wilson lot incident to their business with plaintiff. Plaintiff argues the distance should have been measured between the point on the school property line nearest its business (Point A) and the point on the lease line nearest the school (Point D), and this measurement should be made as one walks on the sidewalk, rather than in a straight line.

We find it unnecessary to decide whether the distance should have been measured between Points A and D or Points B and C. Even if we accept plaintiffs argument that Points A and D should have been used, the straight line distance between those points falls short of the required 300 feet. (The plat shows the distance to be 298 feet.) Plaintiff argues a straight line measurement cannot be used because the line would run through a building occupied by Montgomery Ward.

We find no merit in plaintiffs argument. When R.S.

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Related

Superstop, Inc. v. Town of Winnsboro
472 So. 2d 36 (Supreme Court of Louisiana, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
467 So. 2d 1223, 1985 La. App. LEXIS 8573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/superstop-inc-v-town-of-winnsboro-lactapp-1985.