Posted: Jan. 19, 2010

Oak Creek — Gas stations in Oak Creek can now sell beer and liquor after the Common Council unanimously repealed an ordinance prohibiting them from doing so.

Kwik Trip requested the city change its laws to allow alcohol to be sold at its new gas station/convenience store, set to open at 13th Street and Ryan Road this summer.

Opening the keg

Common Council members acknowledged the repeal of the ordinance, enacted in 1997, won't affect just Kwik Trip - they expect many other gas stations in town to apply for similar licenses.

But Police Chief Thomas Bauer had no concerns, saying there is little difference between a liquor store and a convenience store selling alcoholic beverages and gas, according to a report to Common Council members.

Kwik Trip has many stores in the state with licenses to sell alcohol and has no problems in them, Oak Creek officials said.

The store plans to have a "beer cave," city officials said, which would have automatic locks on the doors. Any beer and liquor outside that area will have to be locked up after 9 p.m. - in accordance with an ordinance that remains in place.

'Combo' licenses vs. beer-only

Applicants will need to adhere to other restrictions as well, starting with what form of license is available.

When Kwik Trip and the others that follow apply for licenses, they will see restrictions on how many of them can sell both beer and liquor.

The city has a quota on Class A "combination" licenses, which allow beer and liquor sales at a business for consumption off the premises.

According to Oak Creek municipal code, one license can be issued for every 2,000 residents. With a population of 32,600, that means 16 such licenses can be issued.

The city has issued only 12, so there are four licenses available.

But there is no quota on the number of Class A beer licenses, which allow for businesses to sell only beer but not liquor.

In other words, only four more combination beer and liquor licenses are left, but an unlimited number of gas stations could apply for the beer-only license.

"If you open this up, you may very well be receiving a number of different applications from competitors of the future Kwik Trip," City Attorney Lawrence Haskin told council members.

Alderman Michael Toman said he realizes many gas stations will quickly line up for the proper licenses, but he hopes the city adheres to its population-based quota system on combination licenses.

"I just hope that alcohol isn't available at 90 different locations in Oak Creek," Toman said.

Different trend elsewhere

Oak Creek's repeal comes at a time when other Milwaukee County communities, including Greenfield and Wauwatosa, are discussing whether to put more restrictions on alcohol licenses.

The Greenfield Common Council was scheduled on Tuesday to take up a proposal for a temporary moratorium on issuing such licenses while the council reviews city policies on alcohol sales.