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 By Nancy Beals, Prevention Project Coordinator and Certified Prevention Professional, Drug Free Marion County
The Indiana Alcohol and Tobacco Commission (ATC) once again has denied permission for a community group to be recognized as an intervening remonstrator. The recognition of "standing" enables individuals or groups to appeal a decision handed down by state or local authorities. But in a recent case, Drug Free Marion County and the Marion County Alliance of Neighborhood Associations sought recognition as intervening remonstrators in the case of Mac's Convenience Store (LLC DBA as Circle K) and were denied based on "standing."
The business was granted a permit by the ATC to sell beer and wine at a very small, gas station convenience store. The local board was split on its recommendation. Community members questioned the appropriateness of this permit for three reasons.
The first was based on the ability of the store to meet the definition of a grocery store. Grocery and convenience stores are defined by the state as "primarily engaged in the retail sale of goods which may include milk, bread, soda, snacks." This store-based on data provided by the applicant-primarily sells tobacco products (or 62 percent).
The second issue is related to whether or not the application was handled properly by the ATC. The application process was, in the community's opinion, extraordinary. At the September 2010 hearing, an application that was submitted-a two-year-old application from March 10, 2008-was considered for a permit to sell alcohol. When questions were raised at the local board hearing as to why an application of this age was being considered, a vague explanation was provided by legal counsel representing Mac's Convenience store assuring that the ATC had approved the continuance of this application.
The ability to keep the permit alive meant the 2008 application was considered under old quota restrictions. In 2008 a permit was available; in 2010 all of these types of permits had been distributed and none are available.
And finally, once again neighborhood concerns regarding how this additional alcohol sales outlet would negatively affect crime and safety in their community were ignored. This neighborhood is already struggling with significant incidents of crime and violence; in fact, the 38th street corridor is renowned as a problem area during the summer "cruising" season. Adding more alcohol to this already saturated area is problematic at best.
This is not the first time that "standing" has been denied.
In fact, the Indiana ATC has a long history of denying communities and those who object to new permits the legal status of standing. Standing, as conveniently defined by the commission, is limited to individuals who can show that direct and personal damage will be caused by approving an alcohol permit.
This limited approach leaves little room for concerned citizen groups and local officials to question or appeal decisions made by the ATC. Time and time again the state chooses to operate like the "wizard behind the curtain" instead of allowing community groups the chance to appeal the state board decisions.
Drug Free Marion County is working with community leaders and local legislators to address this and other problems associated with alcoholic beverage permits. We welcome advocates from across the state.
(Click here for a copy of the letter DFMC received from the Baker & Daniels law firm when it tried to appeal a permit.)
(Click here for a copy of the ATC order to DFMC denying its appeal.)
(Click here for a copy of a 2005 Supreme Court decision on the issue when retailers and neighborhood groups tried to appeal alcohol permits under consideration for a convenience store/gas station chain).
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