Liquor-by-the-drink proposed
County commission considering resolution
Staff reporter
"There is a five-day waiting period for a person wanting to purchase a gun but a 10-day waiting period for a person wanting to purchase a drink," said Bill Mann, co-owner of Buffalo Gulch Ranchhouse in Burns.
Mann and two mayors spoke Monday to Marion County Commission regarding a resolution for a liquor-by-the-drink question to be placed on the November election ballot.
Burns mayor Mary Glenn, Peabody mayor Randy Dallke, and Bill and Laurie Mann, owners of the restaurant-dinner club, presented information to the commission regarding the need for the change in the state law.
Stating economic development reasons, Glenn read a letter from herself and Dallke in support of the change.
"We are very fortunate to have in our community (of Burns) a dinner club under the current law that requires a membership, paying $11 per year, and then waiting 10 days before you can even eat in the establishment," read Glenn.
Buffalo Gulch Ranchhouse has a class B license which allows consumption of liquor-by-the-drink for members only.
First-time members must wait 10 days from the date of the application, for membership before being able to eat or drink in the restaurant. The establishment must have a minimum of 30 percent in food sales.
"I can't even begin to tell you how many folks have stopped to eat, only to find out they cannot
"It is sad when we are struggling to bring more dollars into our county, and cannot do so because of the current law," Glenn read.
The mayors had come to a consensus, read Glenn, at a recent meeting to support the change that would permit the sale of individual alcoholic drinks.
Under the current state statute, restaurants that sell memberships and sell alcoholic beverages, must have a minimum of 30 percent in food sales.
Counties and cities can adopt ordinances that would allow consumption of liquor-by-the-drink through an election.
The question can be placed on the November ballot one of two ways: county commission can adopt a resolution, or a petition can be filed.
The petition would require the signatures of a minimum of 10 percent (470) of the registered Marion County voters who voted in the last secretary of state election.
"I would prefer the commissioners' initiative," said Bill Mann, adding he could initiate a petition but it would take a significant amount of time.
Leroy Wetta, commission chairman, asked the number of restaurants that would benefit from this change.
Two was the response from Dallke and Mann — Buffalo Gulch Ranchhouse in Burns and Coneburg Inn in Peabody.
"Kingfisher's (Inn) would definitely benefit," added Bob Hein, commissioner.
Mann said 39 percent of the memberships to his dinner club were Marion County residents. The remaining 61 percent were residents from other counties.
Mann stated the county already is benefiting from out-of-county money and could continue to do so with the change in the current liquor law.
The Burns dinner club has approximately 65 percent in food sales and 35 percent in alcohol sales, said Mann.
"Part of the Harvey County economic development 'push' was for liquor-by-the-drink," said Mann, emphasizing the economic benefits.
Mann showed commissioners a state map that indicated counties that did not have liquor-by-the-drink, had it with a minimum of 30 percent food sales, and had it with no minimum food sales requirement.
"All of the surrounding counties have liquor-by-the-drink," Collett pointed out.
Out of 105 Kansas counties, 39 counties, including Marion, do not have liquor-by-the-drink. Thirteen counties allow single-servings of alcohol with no food requirement, and 53 counties allow it with a 30 percent food sales requirement.
Butler, Dickinson, Chase, Harvey, McPherson, and Morris counties allow liquor-by-the-drink with 30 percent food sales.
Lyon, Geary, Saline, and Sedgwick counties are among the 13 counties with no minimum food sales requirement.
"Residents go to Applebee's for a drink (and dinner) instead of staying in Marion County," said Mann.
Wetta suggested the commission "forego the petition and go with the resolution."
"Let the people vote on it," added Hein.
"I don't intend to campaign for this," said Wetta, "but am willing to allow it to go to a vote."
Glenn said the City of Burns attorney could provide the document with the appropriate question for the ballot.
The information will be provided at an upcoming commission meeting.
If the proposed question is placed on the November ballot and passes, cities could decide to adopt an ordinance allowing liquor-by-the-drink within its city limits.
The proposed question would, however, allow single-serving drinks without memberships at restaurants and establishments within the county and not within any city limits.
Buffalo Gulch Ranchhouse restaurant opened 18 months ago. It is open Thursday, Friday, and Saturday only.
"At this point, we have no intention of being open any additional days," said Bill. "We don't want to compete within the small town with the other restaurant."
With the restrictions of not being able to serve food without a membership, the Manns have turned away three or four parties a night.
"The process really 'turns off' a lot of people," said Bill.
Laurie is from southern New Mexico and was with a restaurant chain for more than 20 years.
Bill is originally from Haysville. They both wanted to open their own business and "fell in love with the Burns community and Marion County," said Laurie.
Understanding the importance of economic development, the Manns know businesses need each other.
"If you're coming from a distance, it's one more reason to stop at Burns or in any community," said Laurie.
"Statistics show the drinking pattern will not change in Marion County with liquor-by-the-drink," said Bill.