Lexington beer garden wins fight for alcohol license over nearby church’s protest
After a Lexington church attempted to block a proposed beer garden from receiving its alcohol licenses, a judge has ruled in favor of the business, paving the way for the Navy Yard on Main Biergarten and Restaurant to open in downtown Lexington.
In a 15-page ruling Tuesday, Administrative Law Judge Shirley Robinson ordered the Navy Yard be granted permits for on-premises beer, wine and liquor despite the protest brought by the nearby St. Stephen’s Lutheran Church.
The church had argued that the beer garden, proposed for 102 Main St., would be located too close to the church and would possibly harm the church property by way of excessive noise and inappropriate behavior.
State law says that businesses serving alcohol within city limits may not be located within 300 feet of a church, school or playground. However, Judge Robinson agreed that the appropriate measure from the Navy Yard’s public entrance to the church property is 310 feet.
Robinson also said that while St. Stephen’s raised “sincere” concerns about what impact the beer garden might have on the church property, the church “failed to produce sufficient factual evidence to substantiate its concerns and justify denial.”
Specifically, the church “provided no factual evidence” to back up its speculation that beer garden customers could potentially vomit, use drugs or have sex in the church’s parking lot, among other undesirable activities the church had described in court.
Robinson’s ruling caps off a months-long dispute between the church and the beer garden. The Navy Yard had hoped to open this past spring but was held in limbo after St. Stephen’s in May filed a protest with the state Department of Revenue, which issues alcohol licenses to businesses.
St. Stephen’s and the Navy Yard faced off in Robinson’s administrative law court on Dec. 3, when the church’s lawyers argued the beer garden would become an “ongoing nightmare.” Some of the concerns the church raised were noise, excess light, litter and beer garden patrons parking in the church’s parking lot. Attorney Ken Allen also suggested the bar could do little to stop customers from loitering, vomiting or even having sex on the church grounds.
The Navy Yard, however, promised it wouldn’t schedule live music events during Sunday or Wednesday services and that the owners were willing to coordinate with the church to make sure no live music is going on during scheduled church events, such as funerals or weddings. Managing partner Gavin Smith also said staff from the beer garden would work to keep litter off the church grounds and would communicate to customers that they are not to park at the church.
“We will reinforce good behaviors, and we will encourage all of our patrons and all of our customers to ensure that they are being good citizens and not (causing problems) in the church parking lot,” Smith said in court.
Plans for the Navy Yard call for 11,000 square feet of outdoor dining space and around 8,000 square feet of indoor dining, and owners have said they hope to have the town’s largest selection of craft beer.
In a statement Tuesday, Navy Yard owners Smith, Cody Cook and Matthew Pace thanked the court for resolving the dispute. They also expressed “a heartfelt thanks to our family, friends, and the local community for every ounce of support you’ve shown us over the last seven months – your voices have been heard and your words of encouragement have been what’s encouraged us to keep moving forward. ...
“Lastly, we would like to reaffirm our commitment to being good corporate citizens of the Town of Lexington and the greater Lexington County community,” the beer garden partners said. “As we’ve mentioned many times, this is our home, and we are excited to begin construction in the coming weeks on what’s set to be an environment where all who visit feel welcome and can enjoy time with their friends and family over good food and drinks.”
This story was originally published December 21, 2021 at 2:06 PM.
