March 22

5 Corners Mini Mart opens, liquor license pending approval, petitioners confronted with legal issue

Uncategorized

0  comments

Update: This story has been updated since it was originally published. See the bottom of the story for details.

The 5 Corners Mini Mart opened this weekend, despite the heated discussion among neighbors concerning the store since the beginning of the month.

For those of you who haven’t been following the debate, here’s a quick recap: Three weeks ago neighbors noticed signs for a new mini mart located on 3rd and McGraw that read “Grocery,” “Discount Cigarette,” and “Wine & Beer”, spurring controversy among many who took stands against the store for a number of reasons including concerns over safety (vagrancy and violent crime and its connection to alcohol sales), the late hours and lack of adequate parking not being conducive to a residential neighborhood, as well as the close proximity to a preschool and elementary/middle school bus stops.

At the March Queen Anne Community Council meeting, concerned parties voiced their complaints and 5 Corners owner Steve Park vowed not to sell pornographic materials and signed a document stating that he would not sell fortified beer and wine, which has higher alcoholic content. A few days later he changed the signs at the mini mart to read “Organic Ice Cream,” “Grocery and Beverages,” and “Organic Coffee,” and told the community that he aimed to open a store that represented their needs. Those who opposed the store began circulating a petition around the neighborhood, asking to the Washington State Liquor Control Board to deny his liquor license. The controversy got the attention of local media and was even covered on KUOW.

On Saturday, March 20 Park opened the mini mart, which as promised, sells a selection of organic coffee by the front counter, organic ice cream from Bluebird (available in pints and 8 ox cups), as well as a variety of general convenience store items including groceries and snacks, some produce (garlic, onions, potatoes bananas, applies and oranges as of Monday morning), a small Asian section and some baked goods (Park hasn’t yet found an Asian bakery to supply daily goods). There are also small sections for toiletries, housewares, and office supplies. Cigarettes are also available, which Park says he sells for less because he doesn’t mark them up as much as most stores do.

A few of the shelves are currently empty as the store’s liquor license application is still pending. According to Park, the applications is expected to be approved by the Washington State Liquor Control Board within two weeks. Regardless, Park says he stands by his promise not to sell fortified beer and wine. He is also working on the appropriate health regulations so that he may serve ice cream in the store, in addition to offering pints and cups of Bluebird.

As for the petition circulating around Queen Anne, according to Liquor License Investigator Allen Wambold, public petitions and protests from private citizens are noted in the application report, but do not alter the application process or the qualifications an applicant must meet to be granted a liquor license. Appeals and objections from the City of Seattle, or public institutions such as schools or religious bodies located within 500 feet of the application location, however, could result in a denial.

When the petition was originally composed, it cited the mini mart’s proximity to a Queen Anne Helpline office, located a few doors down, as one argument for blocking the liquor license.

On Wendesday, March 17, Attorney Michael Garner of Stokes Lawrence sent a letter on behalf of the Queen Anne Helpline to Michael Tasch, the author of the petition, demanding that “any and all references” to the organization “be removed from the petition itself and any materials circulating with respect to the petition.” From the letter:

The petition’s sixth bullet point states “The store is immediately adjacent to Queen Anne Helpline, which serves many clients with addiction issues.” This statement is not correct. Moreover, it may create the impression that the Queen Anne Helpline supports or does not oppose the presence of the proposed Mini Mart at that location. In fact, the Queen Anne Helpline has taken no position with respect to the proposed new business, and does not appreciate the light it has been placed in by this petition.

As a result of this letter, Tasch wrote on Thursday, March 18 in an email to local media that they would “likely take down the petition, as the prospect of a litigation campaign is not attractive.” However he also said that the group is considering alternative options, such as contacting the ACLU. He wrote,

The Helpline board is now demanding that we censor ourselves and limit our First Amendment right to petition the government.  I would remind you that a person who identified themselves as a QA Helpline worker spoke against the Minimart at the March 3rd QACC meeting, and it was from this public testimony that we crafted that bullet point in our petition.

Update 3/22 9:15 p.m.: As of this evening Tasch says the petition will not be taken down. “Upon more careful reading” of the letter from Helpline Counsel Michael Garner, Tasch wrote in an email, “I found that the arguments he made seemed thin to nonsensical, and the demands far reaching, to the point of absurd.  I am not a lawyer, however, and I have contacted him and requested clarification, in case I am missing or misunderstanding his logic.” Tasch also added that if the Helpline were to send a “cease and desist” action, he would retain counsel and reach out to the ACLU at that time.

“Washington has significant anti-SLAPP legislation on the books that speaks directly to this sort of action to squelch free speech and petition of government, and does not look kindly on it,” he wrote. “I am confident the I am within my rights and plan to go ahead with the petition as presently written, pending receipt of more detailed, cogent argument that we have somehow overstepped our rights to free speech, assembly and petition of government.”


Tags

5 Corner Mini Mart, ACLU, liquor license, Michael Tasch, petition, Queen Anne Helpline, Steve Park, Washington State Liquor Control Board


You may also like

Sephora coming to Ballard Blocks 2

Sephora coming to Ballard Blocks 2

Self-Defense

Self-Defense

Subscribe to our newsletter now!