Neenah's long-standing ban on alcohol sales at convenience stores appears to be in jeopardy

NEENAH — The city's long-standing ban on sales of alcoholic beverages by businesses that also dispense gasoline appears ready to fall.

The Public Services and Safety Committee recommended 3-2 that Neenah allow convenience stores to sell fermented malt beverages such as beer and hard cider. The sale of wine and liquor would continue to be prohibited.

The ordinance change will be considered Wednesday by the Common Council.

Neenah's ordinance has been in effect at least since 1977 and has withstood multiple challenges over the decades. In recent years, though, support for the ban has waned as the council makeup changed.

Proponents contend the ordinance limits the number of outlets for alcohol sales and the problems that alcohol consumption can bring, such as drunken driving and underage drinking.

Opponents of the ban argue it unnecessarily restricts business and creates an uneven playing field for Neenah convenience stores in comparison to other city businesses or to convenience stores in neighboring Menasha or Fox Crossing, where beer sales are allowed.

Kwik Trip lobbies to overturn Neenah ban

Ron Albrecht, a representative of Kwik Trip , said the company sells alcohol at more than 800 stores. He said customers want to buy beer at the chain's Neenah store.

"They find beer in every other community in Wisconsin at a C-Store," he said. "I have to send them down the street to somebody that does sell alcohol."

Albrecht told elected officials that Kwik Trip has a lot of options where to open stores. "We want to build stores in markets that are business-friendly," he said.

Committee member William Pollnow Jr. supported the ordinance change.

"At the end of the day, it's about fairness in the marketplace," he said. "When you, in essence, penalize one subsection of businesses, I don't think it's a good look for the city. I don't think it helps our development."

'The more alcohol you have, the more problems you have'

Committee member Lee Hillstrom voted against the change. He said Kwik Trip's Neenah store is doing fine under the current ordinance.

"You don't have alcohol in the store in Neenah, yet you can't find a parking place," Hillstrom told Albrecht, "so I don't think that part is hurting your business."

Hillstrom said Neenah has ample locations — 52 currently — where customers can buy alcohol, without adding the city's 11 convenience stores. In his travels around the state, he said people admire Neenah for its stand.

"The CDC (Centers for Disease Control and Prevention) and World Health Organization all agree that the more alcohol you have, the more problems you have," Hillstrom said.

Heidi Keating, public health planner for Winnebago County, encouraged Neenah to retain its ban.

"There's evidence behind it for reducing excessive drinking," she said.

Keating said the proposed changed would allow sales of not only beer, but also flavored malt beverages such as Mike's Hard Lemonade, Smirnoff Ice, Twisted Tea and White Claw and Truly hard seltzers.

The alcohol industry, she said, markets flavored malt beverages to young drinkers.

"You may not be aware of it because you're not the target audience," Keating told committee members. "It's on social media, and it's not geared to the people in this room. It's geared to a much younger market."

Why is Neenah different than other communities?

Neenah's apprehension toward alcohol has been part of the community's cultural fabric dating to its earliest years.

G.A. Cunningham's 1878 book "History of Neenah" recounts that a settler names Jones proposed to build a brewery in Neenah in the mid-1800s. Advice was sought from prominent businessman John R. Kimberly.

"Mr. Kimberly, where do you think would be the best site for a brewery?" Jones asked.

"In hell, sir!" Kimberly replied.

In a 1978 newspaper story, Neenah Police Chief Vern Wollerman stood behind the city's ban. "Beer and gasoline don't mix," he said.

Neenah bans alcohol from all city parks. The Whiting Boathouse is the only municipally owned and operated property that allows the consumption of alcohol.

What safeguard would be in place with the new ordinance?

The proposed ordinance contains a list of conditions that convenience stores would have to meet to sell alcoholic beverages.

• A special-use permit and a Class "A" license will be required.
• Alcohol may only be displayed and sold from a lockable area such as a cooler. No open-floor display or sale will be permitted.
• The area allocated to alcohol sales will be limited to no more than 10% of the total sales area of the store or 750 square feet, whichever is less.
• The area from which alcohol is displayed and sold must be locked and inaccessible to the public between 9 p.m. and 8 a.m.
• There will be no sales of single-serve fermented malt beverages in bottles or cans of less than 60 ounces.
• Fermented malt beverages cannot be sold in less than a four-pack of 12-ounce bottles or cans.
• Advertisements for alcohol products cannot be displayed in any exterior location of the business, including the pump islands.
• Tasting events and keg sales won't be permitted.

Contact Duke Behnke at 920-993-7176 or dbehnke@gannett.com . Follow him on Twitter at @DukeBehnke .

This article originally appeared on Appleton Post-Crescent: Neenah's long-standing ban on alcohol sales at convenience stores appears to be in jeopardy