Published: May 21, 2008 10:43 pm         

Board denies local restaurant permit for video lottery

Beckley’s zoning appeals board denied a new downtown restaurant owner a video lottery permit Wednesday, with officials saying the establishment was too close to the Raleigh County Courthouse and four churches.

Board members voted 3-1 to deny a variance and conditional use permit for Bill Shumate, owner of Dakota Joe’s Cafe at 208 Main St. Chairman Ronald McCollam, vice chairwoman Ramona Rist and board member Jack Riddle voted against the measure, while Robert File voted in favor. Brad Wartella was absent from the meeting.

Shumate can appeal the ruling to Raleigh County Circuit Court, said Bob Cannon, the city’s chief zoning officer. Shumate said he had not decided whether to appeal.

Dakota Joe’s opened about two weeks ago. Shumate said he remodeled the building for two months beforehand.

Cannon said he recommended disapproval of the permit. A city ordinance prohibits video lottery establishments within 1,000 feet of a church, school, recreational facility or government building.

Dakota Joe’s is 50 feet away from the courthouse. It is also within 1,000 feet of at least four churches — First Christian Church on North Fayette Street, First United Methodist Church and St. Nicholas Antiochian Orthodox Church, both on South Heber Street, and Believers’ Chapel on Prince Street, Cannon said. Various other state, city and federal government offices are also nearby.

Dakota Joe’s is far too close the buildings, Cannon said. The board would have to approve a 950-foot variance for the courthouse alone.

“If it were just a few feet, it would probably be approved,” he said. “But if the ordinance says 1,000 feet and you’re granting a 950-foot variance, what is the ordinance achieving?”

Cannon also noted the state requires video lottery establishments be licensed to sell beer in an effort to keep those under 21 from using the machines.

Shumate responded by saying he did not plan to operate his business as just a video lottery establishment. He only wanted the machines to offset operating costs like rent and business and occupation taxes. He planned to have the state-regulated number of five machines in the old Turner Shoes building next door — kept away from the restaurant with someone verifying the age of all who entered.

If he cannot operate the video lottery machines, Shumate said, he will turn the Turner Shoes building back over to the landlord.

“That means there’s another empty building on Main Street, unfortunately,” he said. “We are trying to stimulate the uptown. I know the city is working with (Federal Transit Authority) funds to build the (Beckley) Intermodal Gateway. I went to a meeting where people were saying they want a downtown like Lewisburg’s or Fayetteville’s. And B&O taxes can always be used.”

However, representatives from the nearby churches spoke out against the video lottery plan.

The Rev. Dr. Bob Stoddard of First United Methodist Church said his denomination has consistently opposed gambling.

“It’s difficult to imagine another drinking or another gambling establishment adding to the value of the community around us,” he said.

— E-mail:

apridemore@register-herald.com