Iron Gate Grill OK for new location
By Jay Patrick
Published: Tuesday, October 20, 2009 12:37 PM CDT
http://hjnews.townnews.com/articles/...2-10-20-09.txt
A change in the way state alcohol regulators measure distance in downtown Logan means the new Iron Gate Grill should have no problem getting a liquor license.
The north edge of the Logan Tabernacle grounds is 448 feet from the door of the new Iron Gate location on Church Street. That’s if you walk right across 100 North and not use the crosswalk at Main Street.
Being within 600 feet of church property, Iron Gate needed permission from the LDS Church to serve alcohol, according to state law. The church refused to provide that waiver despite in the past having OK’d other liquor-serving businesses nearby.
State law says the distance measured should represent the “shortest route of ordinary pedestrian travel.” The DABC analyst who made the 448-feet determination observed pedestrians and decided that most going from Church Street to the Tabernacle grounds jay-walked across 100 North, making that the route of ordinary travel.
Now, DABC Director Dennis Kellen has ruled that his agency should follow legal crosswalks when measuring distances, at least in metro areas, said agency spokeswoman Sharon Mackey.
Measuring the distance between the Iron Gate and the Tabernacle grounds via the crosswalk at Main Street and 100 North puts 702 feet between the locations — that distance puts the church out of the picture, Mackey said.
The phrase “ordinary pedestrian travel,” is open to interpretation, Mackey said. Kellen made the call that ordinary travel should not allow for jay-walking. Mackey said it’s the first time the director has clarified the law.
“Before we didn’t have a clear designation of what to use,” Mackey said. “It’s a precedence.”
“I think it’s a win,” said Mayor Randy Watts. “We need businesses that will enhance downtown and bring vitality. I think the Iron Gate is one of those.”
The city has given the Iron Gate redevelopment funds as part of it’s effort to revitalize downtown.
The Iron Gate’s license hearing before the DABC board is set for Oct. 27.
Iron Gate owner Shalice Condi could not be reached for comment.