School district blocks liquor license

Submitted by Marisa Petrich, KOMO Communities Reporter

Those wondering what’s delaying the reopening of Sammy’s Pizza and Petey’s Pub have no farther to look than across the street. The establishment's new location is directly opposite Lowell Elementary School.

Tacoma Public Schools and Lowell parents are concerned that the business's bar will make the neighborhood less safe for their children, and the district has taken action.

"I was hoping the school would be my best customer," Sammy’s Pizza and Petey’s owner Guy Snell said.

The pair of dog-themed businesses (Sammy’s, a pizza delivery business, and Petey’s, an adjacent bar where customers could dine in) closed their doors at 3602 6th Avenue in mid-September with the intention of reopening as soon as possible as a single, family-friendly restaurant on the 1300 block of North I St.

At first, the reopening was delayed due to unexpected renovations to get the building up to code.

On Sept. 24, the district filed an official objection with the Washington State Liquor Control Board that is effectively blocking Sammy’s from obtaining its liquor license.

Under state law, the board must notify any churches and schools that fall within 500 feet of a business that has applied for a liquor license — and it is legally prevented from approving a license if a public school in that proximity objects.

The board could only issue a liquor license if it withdrew its objection, or if Snell applied for a license with different privileges (for instance, only serving beer and wine) and the school does not file a new objection.

"The district has historically always filed an objection when they receive notice of an establishment that intends to sell liquor within 500 feet of a school," Tacoma Public Schools general counsel Shannon McMinimee said.

The precedent has existed for at least the last four superintendents. The district has gone so far as to object to the licensing of a Safeway store within the boundary.

Tacoma Public Schools did not object to the licensing of Dave’s Meat and Produce, which sells beer and wine next door to Sammy’s proposed location, because it did not receive notice from the liquor board, McMinimee said.

"The neighboring licensee, Dave’s Meats, appears to fall just outside the 500 foot boundary," Washington State Liquor Board spokesperson Mikhail Carpenter said in an email.

Carpenter said there was no exact distance between Lowell and Sammy’s on file, but that investigators would physically check the distance if there was a dispute.

The Sept. 24 letters from superintendant Carla Santorno and Lowell principal Robert Duke, as well as several from parents, cited specific issues. The restaurant would be within the school’s restricted speed zone, on the same block as the school’s primary crosswalk and along the schools designated "Safe Walking Route" for children, which runs along I Street from North Cedar Street to North Third Street.

There is also a concern that patrons of Sammy’s would use a public right of way running through Lowell’s campus to get to the restaurant. The walkway must remain open to outside traffic, but divides a series of classrooms from the school’s playground and main building.

"If there are intoxicated persons using that right of way in between where our kids learn and where our kids play, that isn’t in their best interest," McMinimee said.

Snell said he understands parents’ concerns and hopes to reach a compromise, such as applying for a license that only includes beer and wine. He has until Oct. 16 to amend his application before it is officially closed, and wants to meet with PTA representatives before then.

So far, his calls to Lowell’s PTA Rachael Bouma president have not been returned. Bouma declined to comment on this story.

When asked if the district would consider withdrawing its objection, McMinimee said Snell was welcome to put a proposal in writing and send it to the superintendent and principal. However, as far as she knows Tacoma Public Schools has only withdrawn an objection once, years ago.

"The district welcomes a pizza restaurant in the neighborhood," McMinimee said. "It’s the portion of his business that sells alcohol that the school district and parents object to."