Beer garden wins battle with church over alcohol license

LEXINGTON, S.C. (AP) — A judge has ruled a new beer garden in Lexington is just far enough away from a church to get its alcohol license.

St. Stephen’s Lutheran Church had sued asking the state to not grant a license to the Navy Yard on Main Biergarten and Restaurant, saying it was closer to the church than the 300 feet (91 meters) of separation required under state law.

The church also told the judge it could be harmed by people who drink at its soon-to-be neighbor and then could use drugs, have sex or get sick in their parking lot, The State newspaper reported.

But Administrative Law Judge Shirley Robinson sided with the beer garden this week, saying the business is just far enough away from the church to be within state law and the church did not provide facts to back up the possibility of drunken disruptions.

The distance problem came down to two experts. A current State Law Enforcement Division agent testified it is 310 feet (94 meters) from a door at the church’s statuary building to what would be the front entrance of the beer garden.

A retired state agent said the distance from the church to a rear door of the business is 208 feet (63 meters), but the beer garden’s lawyers successfully argued the back door is closed in by a fence and are for employees and an emergency exit instead of the public.

The beer garden owners put construction on hold while the alcohol license was in limbo.

After the judge’s decision, they renewed a promise made to the church before the issue ended up in court to not schedule live music events during Sunday or Wednesday services or other events like funerals or weddings. They also planned to clean up trash from church grounds and make sure customers don’t park at the church.

“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.” owners Smith, Cody Cook and Matthew Pace told the Columbia newspaper in a statement after the ruling.