7-Eleven Beer and Wine License Bid Supported by Council After Emotional Testimony in 4-1 Vote

A at the intersection of Lake Forest Drive and Regency Lane got the OK Tuesday from the City Council to be granted a beer and wine license by the state, despite objections from a neighboring convenience store and a dozen members of the public who spoke out.

The council voted 4-1 to make a "determination of public convenience or necessity" that would allow the state Department of Alcoholic Beverage Control to issue a license the 7-Eleven, rejecting an appeal by a nearby am/pm Arco of an identical decision made by city staffers and upheld by the Planning Commission.

Council members in the majority said they were casting their votes in order to be fair and not stifle competition.

"I certainly don't think I'm in the business of picking winners and losers,"  Councilman Mark Tettemer said before casting a "yes" vote. "It's not my job to decide whether a business should make it or not."

State law says that when there are a certain number of alcohol licenses issued to stores in a single census tract—in this case, the number is three—then the local government must decide whether an additional license would be a public "convenience or necessity." Lake Forest's municipal code says that such a determination shall be made by the director of Development Services.

In July of 2010, 7-Eleven submitted its request for a determination of public convenience or necessity. Director of Development Services Gayle Ackerman reviewed the request and approved it.

Adam and Sherry Nick of Arco am/pm, along with representatives of two nearby liquor stores, appealed Ackerman's decision to the Planning Commission. The commission sided with 7-Eleven. The Nicks, without the other two stores, then appealed that decision to the City Council at Tuesday's meeting.

Stephen Berger, the lawyer for the owners of the am/pm, argued that 7-Eleven's application should be denied as a matter of law, fact and policy. He said that a city's findings were void because a Lake Forest law mentions "public convenience and necessity" instead of mirroring state law that calls for a finding of "public convenience or necessity." He also said that the 7-Eleven's ability to sell wine and beer would contribute to drunken driving and underage drinking.

After the City Council meeting, he said his clients may sue the city over the matter.

"This is an appeal by a competitor that wants to squash competition," said Bruce Evans, the lawyer representing 7-Eleven. "That's what this case is about. It's hard to believe that we're haggling over the word 'and' or 'or.' "

Of the 13 members of the public who weighed in on the item, only one was in favor of 7-Eleven getting an alcohol license.

At times, the comments were emotional. Alex Stoddart said she lost a loved one to a 19-year-old drunken driver who had bought booze from a 7-Eleven.

"By putting your name on the ballot, you promise the people of Lake Forest that you will look after them like they are your own flesh and blood," Stoddart told the City Council. "This is your opportunity to prove to them that you are here to serve them, not a moneyed, greedy, irresponsible retailer. All they care about is to sell alcohol, and they do not give a damn about who lives or dies."

Mark Smith, who works in the area, said he was concerned about the nearby .

"Do you really want to be known as the  City Council who lured little children into the area via a fantastic skateboard park, having them walk right past a 7-Eleven filled with easy booze, knowing they'd have a place to drink their booze at an out-of-sight tunnel that borders the skateboard park?" he said. "Do you want to be the City Council that made teenage drinking convenient, via this convenient store? Not to mention flooding the neighborhood with alcoholics begging for spare change. What would Jesus do?"

Councilwoman Marcia Rudolph said the objections from am/pm and two other liquor stores that had opposed the 7-Eleven's alcohol license represented "three businesses ganging up against the new guy on the block." She said that she was deeply concerned about drunken driving but that the council couldn't control human behavior.

"Bottom line is, the issue of drunk driving is an issue of choice," Rudolph said. "Personal responsibility starts with the person who walks in to purchase the beer, the wine or whatever with the intention of not waiting till he gets home to imbibe."

The sole "no" vote came from Councilman Scott Voigts, who said there were plenty of places already selling alcohol in the area.

"As someone who lives my life in a wheelchair now after a tragic construction accident, I know about public convenience, and I know about necessities," Voigts said. "With the amount of alcohol establishments that are selling along Lake Forest Drive in that stretch, I think that there is an over-concentration of that, and I don't see any public convenience or necessity to allow another alcohol establishment."

Council members were given more than 2,000 pages of documents, spread over three binders, to prepare for the hearing on the appeal.