The Town of Wrightsville Beach relies on conditional-use permits to regulate town businesses. But a CUP request during the board of aldermen’s Feb. 12 meeting alerted town leaders that the permits, which are used by businesses throughout town, might have no power to regulate the sale of alcohol.
The discussion arose when South End Surf Shop owner Jeffrey DeGroote applied for a conditional-use permit to open Post Coffee Shop/Restaurant in the currently vacant second floor of his surf shop.
The business is described as a gourmet coffee shop selling organic bottled juices, smoothies, baked goods, pre-made wraps and pizza and ice cream. It would also sell beer and wine by the bottle, a detail that drove several residents who live in the vicinity of the proposed shop to voice their concerns during the public hearing.
They were worried the proposed coffee shop would eventually escalate into a bar scene.
“[The shop] would be embedded in a neighborhood where you’ve got small children, elderly people and a dichotomy of different families,” John Moore said.
DeGroote encouraged the board to set a condition on the permit requiring him to close at 10:30 p.m. Residents remained unconvinced; they said even if the town could enforce operating hours, DeGroote could technically sell alcohol until 2 a.m. if he wanted because of a law put in place by the State of North Carolina.
“I’m confused on how I can sell alcohol if I’m closed,” DeGroote pointed out.
DeGroote firmly stated he had no intention of opening a bar. The Post would be a coffee shop attracting early morning walkers or late afternoon beachgoers.
But the topic of discussion had expanded from DeGroote’s individual request to the regulating power of the conditional-use permit, because, as town manager Tim Owens pointed out, almost every business in town operates with a CUP.
Since the board can retract a CUP if one of the conditions is violated, the town should be able to indirectly regulate the sale of alcohol, Alderwoman Lisa Weeks said. As DeGroote already pointed out, he could not sell alcohol until 2 a.m. if conditions mandated his business close at 10:30 p.m. And if he stayed open later, the town could take away his permit.
The board gave town attorney John Wessell direction to research whether a condition set on CUP could trump the state-regulated alcohol law. And if not, whether they could indirectly control alcohol sales, as Weeks suggested. The meeting was recessed so the item could be continued during the Feb. 26 Board of Adjustment meeting.
