Denham Springs — The Denham Springs City Council on Aug. 12 rejected an appeal from Mustard Seed Creamery Inc. seeking reinstatement of a Class A-R (restaurant) alcohol permit for 111 North Range Avenue after the city denied renewal because a church meets at that address. Councilmember Jim Gilbert moved to reinstate the license on the condition that the church immediately change its meeting address; Councilmember Robert Poole seconded. The motion failed on a 3-2 vote (Gilbert and Poole yes; Councilmembers Duvall, Lynn Williams and Wesley no).
The narrow legal question before the council was whether the city’s distance-based ordinance prohibits alcohol sales within 300 feet of a church, and whether the Mustard Seed situation met that test. City Attorney Hewlett had previously advised the council that if a church is “being used as a church building,” the ordinance prohibits issuance of an alcohol license. In public remarks, Timothy Laverre, representing Mustard Seed Creamery and the Denham Springs Church Project, argued the city ordinance is ambiguous and that state statute references require measuring exclusion only from a building “used exclusively as a church.” Laverre said, “By the letter of the law…there is no property line of the church,” and offered that the church would stop meeting at the restaurant immediately if the council would approve the license.
Owners Timothy and Tasha Laverre presented a packet of emails, meeting transcripts and legal citations they said documents the timeline, prior city communications and case law supporting their position. Tasha Laverre said the packet “documents...legal definitions and case law showing the law is on our side” and that the business meets the city’s definition of a restaurant.
Opponents and skeptics urged the council to enforce the local ordinance as written. Reverend Deborah Keller, a local pastor, told the council that approving the permit would set an unwelcome precedent: “If you grant the Mustard Seed permit, how are you going to tell the next applicant no?” Resident speakers also raised concerns that indistinct distinctions between a commercial business and a meeting place for religious services would undermine the city’s 300-foot protection for houses of worship.
Council discussion focused on the ordinance’s language, the question of whether the church constitutes a separate property for measurement, and precedent. Councilmember Gilbert urged a conditional reinstatement as a compromise, citing the business’s role in downtown vibrancy. Councilmember Lynn Williams and others said the city’s ordinance, adopted by voters, was intended to restrict alcohol sales near churches and should be enforced.
The council did not adopt any ordinance changes at the meeting. The appeal was denied by the council vote, leaving the city to consider whether the parties will pursue additional legal steps or file a new application. The council’s action preserves the council’s prior interpretation of the local distance restriction for now.