A Douglas County judge has ruled that the city may not stand in the way of Bull Winkle's applying for a new state liquor license.
The city of Lawrence is considering an appeal of a Douglas County District Court decision that would allow Bull Winkle's to regain its state liquor license.
City Attorney Jerry Cooley said Friday that he had met with city commissioners about the case, but that no decision had been made about filing an appeal.
"We're studying it and I think we'll make a decision on what we're going to do very shortly," Cooley said.
On Sept. 8, District Judge Robert Fairchild ruled that the city acted improperly when it refused to provide a zoning verification that was necessary for Bull Winkle's to obtain a liquor license from the state.
The property at 1344 Tenn. has operated as a bar since before 1966, when Lawrence enacted its first zoning code. Since then, the property has been zoned for residential use but was "grandfathered" under the code as a "legal non-conforming use."
Kansas did not allow public bars to sell liquor by the drink until 1986 when voters approved a constitutional amendment allowing each county to decide the issue for itself.
Douglas County was among those that approved liquor by the drink, and in 1992 Bullwinkle's applied to change from a "cereal malt beverage" -- or beer -- establishment to a liquor establishment.
To obtain a state liquor license, a bar must get a zoning verification from the city or county certifying that the property is zoned to allow a drinking establishment.
Lawrence provided that verification in 1992 because Bull Winkle's already was operating as a cereal malt beverage establishment as a legal non-conforming use.
But in 1997 Bull Winkle's was forced to surrender that license after being cited for liquor law violations. It then applied for and received a new beer license from the city, allowing it to sell beer only and to stay open only until midnight.
As the owners were preparing to make the change, they and their attorney met with city officials in December 1997.
According to briefs filed by both parties, City Clerk Ray Hummert told the bar owners there would be no problem getting a new zoning verification if Bull Winkle's applied for a new liquor license.
A year later, Bulls Eye Inc., the bar's owner, signed a contract to sell the bar to Bullwinkle's of Lawrence Inc., provided Bullwinkle's could obtain a full liquor license.
When Bullwinkle's applied for that license in October, Hummert refused to sign the zoning verification, saying the change from a beer bar to a drinking establishment would be an illegal expansion of the non-conforming use.
David Corliss, the city's director of legal services, said the shift from a malt beverage license to a liquor license would allow Bullwinkle's to expand its service by offering more kinds of drinks, but also expand its hours of operation by allowing it to stay open until 2 a.m.
The bar, at 14th and Tennessee, is surrounded by apartments and single-family homes.
Bullwinkle's of Lawrence Inc., filed suit in April, asking the court to order the city clerk to carry out his "ministerial duty" to issue the zoning certification.
Last week, Fairchild sided with Bullwinkle's, saying the move from a beer bar to a liquor bar was not an expansion of the non-conforming use since the city's zoning code treats both kinds of bars alike.
Fairchild also assessed the costs of the action against the city.
According to Cooley, the city has 10 days from the date of Fairchild's decision to ask for reconsideration, or 30 days to file a notice of appeal.
-- Peter Hancock's phone message number is 832-7144. His e-mail address is phancock@ljworld.com.
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