Bank Drivethrough at 6th&Cincinatti to be Plush Martini Lounge

[sgrizzle]

It looks to me like a place that is ready-made for valet parking.  If DT Tulsa continues to get packed, it's going to need valet services.  (And employees who know what they're doing--I valeted at the Mayo over Christmas for a party and they guys just stared at me when I pulled up and got out of my car, until I asked them if they were going to stare at it or park it.)

You get that kind of reaction when you try to valet park a Pacer.

[Kenosha]

I am sure this group has talked to the ABLE Commission, but I am curious about how they plan to get around the 300' rule.  Are they serving food, or is it primarily a bar?  The building is perfect for the concept, but it is next to 1st Presbyterian Church, and across the street from a park.  Any bar in Tulsa Oklahoma has to be at least 300' away from the property line of a church or a park.

I know, I know.  Debbie Downer.

[TURobY]

Any bar in Tulsa Oklahoma has to be at least 300' away from the property line of a church or a park.

Does that hold true in the CBD?

[Kenosha]

Does that hold true in the CBD?

Yup. The long arm of the ABLE Commission knows no boundaries.

It's not a local ordinance.  It's a state ordinance.

Example...several people have looked at a bar concepts to go in the empty retail space in the parking garage at 6th and Boston...(same building as the new Greek Restaurant) but it is too close to the new park.  ABLE won't allow it.  I am sure the folks who put that park down there didn't intend that consequence...it will have the same effect on the Enterprise Building.  Whatever goes in on the ground floor of that building will have to be a restaurant/bar.

[dsjeffries]

Yup. The long arm of the ABLE Commission knows no boundaries.

It's not a local ordinance.  It's a state ordinance.

Example...several people have looked at a bar concepts to go in the empty retail space in the parking garage at 6th and Boston...(same building as the new Greek Restaurant) but it is too close to the new park.  ABLE won't allow it.  I am sure the folks who put that park down there didn't intend that consequence...it will have the same effect on the Enterprise Building.  Whatever goes in on the ground floor of that building will have to be a restaurant/bar.

The Luchador Bar at Elote is not 300' away from the park. What about that? And what will happen to Caz's and Majestic once the Brady park goes in?

[sgrizzle]

The Luchador Bar at Elote is not 300' away from the park. What about that? And what will happen to Caz's and Majestic once the Brady park goes in?

The luchador is a portion of a restaurant where alcohol is served. Technically not a bar.

[TheTed]

That's a ridiculous rule. Bars and parks are two things that should be everywhere downtown.

Wasn't the Cellar Dweller less than 300' from that ridiculous excuse for a park, the Plaza of the Americas or something like that?

And isn't that little space with a few benches along Archer just west of Main considered a park? It's gotta be less than 300' from the Downtown Lounge.

[Townsend]

Grandfather clauses go a long way when it comes to issues like this.

If something exists before the church or park, it's grandfathered.  If you're taking over a liquor establishment to run another you can be grandfathered in with ABLE.

As far as the Martini lounge?  I have no idea how that'll work out.  Kitchell was able to get around it when he was renting space from a church on Brookside for his bars.

[Renaissance]

This will have to be a restaurant that happens to have a DJ and a wide variety of martinis.

[Oil Capital]

I am sure this group has talked to the ABLE Commission, but I am curious about how they plan to get around the 300' rule.  Are they serving food, or is it primarily a bar?  The building is perfect for the concept, but it is next to 1st Presbyterian Church, and across the street from a park.  Any bar in Tulsa Oklahoma has to be at least 300' away from the property line of a church or a park.

I know, I know.  Debbie Downer.

Good point about the church.  I had not heard about the restriction regarding parks.  Do you have a source for that?  I think you might be confusing the 300 foot rule for alcohol with some 300 foot rule regarding tobacco (which does apply to parks).

[Oil Capital]

Grandfather clauses go a long way when it comes to issues like this.

If something exists before the church or park, it's grandfathered.  If you're taking over a liquor establishment to run another you can be grandfathered in with ABLE.

As far as the Martini lounge?  I have no idea how that'll work out.  Kitchell was able to get around it when he was renting space from a church on Brookside for his bars.

None of the grandfather provisions will help an establishment proposing to convert a drive-through bank into a bar.

Not sure what Brookside property was rented by a church to  Kitchell for a bar, but the law covers not properties owned by a church, but just "church property primarily and regularly used for worship services and religious activities".

[Renaissance]

I tried to find the statute online but couldn't.  Do you have a link?  I'm curious what it actually says.  I know part of it actually deals with the entrance to the establishment.  If you're familiar with the Spirit Shop in Norman on Main, that's why their door faces south instead of north towards Main St--if it were on the north side of the building it would be too close to Norman High School.

[Townsend]

None of the grandfather provisions will help an establishment proposing to convert a drive-through bank into a bar.

Not sure what Brookside property was rented by a church to  Kitchell for a bar, but the law covers not properties owned by a church, but just "church property primarily and regularly used for worship services and religious activities".

Kitchell rented space from the church across from Bruhouse and had several bars at that location.  It's a high end furniture store now.

I thought it was funny how forgiving that church was.  He must've been paying them a considerable sum.

[Oil Capital]

I tried to find the statute online but couldn't.  Do you have a link?  I'm curious what it actually says.  I know part of it actually deals with the entrance to the establishment.  If you're familiar with the Spirit Shop in Norman on Main, that's why their door faces south instead of north towards Main St--if it were on the north side of the building it would be too close to Norman High School.

I don't have a link right now, but here is the language:  Nothing in there about an entrance.  It says the measurement is from the nearest property line of the church or school to the nearest perimeter wall of the premises of the "mixed beverage establishment".  I had also previously heard about the entrance being key.  Is that just a myth?


"§37-518.3.  Location of mixed beverage establishment, beer and wine establishment, or bottle club.
A.  It shall be unlawful for any mixed beverage establishment, beer and wine establishment, or bottle club which has been licensed by the Alcoholic Beverage Laws Enforcement Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, to be located within three hundred (300) feet of any public or private school or church property primarily and regularly used for worship services and religious activities.  The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club, or retail package store which has been licensed to sell alcoholic beverages. The provisions of this section shall not apply to mixed beverage establishments, beer and wine establishments, or bottle clubs, which have been licensed to sell alcoholic beverages for on-premises consumption or retail package stores prior to November 1, 2000; provided, if at the time of application for license renewal the licensed location has not been in actual operation for a continuous period of more than sixty (60) days, the license shall not be renewed.  If any school or church shall be established within three hundred (300) feet of any retail package store, mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section after such retail package store, mixed beverage establishment, beer and wine establishment, or bottle club has been licensed, the provisions of this section shall not be a deterrent to the renewal of such license if there has not been a lapse of more than sixty (60) days.  When any mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section which has a license to sell alcoholic beverages for on-premises consumption or retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provisions of this section shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified."

[Renaissance]

I'll bet that it was "entrance" once upon a time but borderline stores were moving entrances to get around the requirement so they changed the law.  Or it's just a myth 

Restaurants are not listed as prohibited, only establishments "which ha[ve] as [their] main purpose the selling or serving of alcoholic beverages for consumption on the premises."  So Plush will have to be a restaurant with a long martini list, and they'll actually have to sell food.  What's the gross receipts required off food?  Seem to remember that it's at least 50% to be deemed a restaurant as opposed to "mixed beverage" or "beer and wine" establishment.  Maybe less, though.

I don't see anything in there about public parks.