The Denham Springs City Council and the community are divided over whether a business attempting to renew its liquor license is legally categorized as a restaurant or a church.
On Tuesday, the council reaffirmed its previous denial of a restaurant alcohol permit renewal for Mustard Seed Creamery, citing concerns that the site is used to host church services.
The majority of the City Council declined the renewal of a liquor license for the business in July, citing a city ordinance banning alcohol sales within 300 feet of a church.
Mustard Seed Creamery, located on North Range Avenue, serves ice cream and tapas. It has previously sold beer and wine. The business has hosted a number of events, namely services every Sunday for the Mustard Seed Church.
At a packed City Council meeting, owners Tim and Tasha Levert debated with the majority of the council and the city attorney about their appeal to the permit denial.
Tim Levert said the building is owned and occupied by a restaurant and that he believes the law is on his side.
He is also the pastor of Mustard Seed Church. He described the church as a body of people who meet at the restaurant, and occasionally other venues. He said meeting at Mustard Seed doesn't change that "the restaurant is still a restaurant."
"We are willing to say the church will no longer meet in that building and on Sunday mornings for worship," he said. "We feel like what's happening in the restaurant is an important part of the downtown vibrancy."
The majority of City Council and the city attorney said they were wary of reversing their decision to prohibit an alcohol license.
Council member Jeff Wesley said he is opposed to someone saying "it's not a church when it is a church."
"I appreciate what the church does. You should be proud of the church and not trying to hide it so you can get a liquor license," he said.
Wesley said the council has the right to regulate the sale of alcohol for a restaurant.
Council member Jim Gilbert made a motion to grant the license back on the condition the church moved, with council member Robert Poole supporting the motion. However, they were the only two of five members in support, and the permit denial stayed in place. Poole and Gilbert had both previously voted to approve the alcohol permit renewal.
"I think that what this restaurant is doing in this community, I think the class of people is bringing in, I think the things that are happening there is what the city needed for a long time," Gilbert said.
The creamery shared a social media post following the meeting expressing disappointment with the result but said the issue isn't finished.
"We’re hurting, but God is good, and people aren’t our enemy, even when they treat us like we’re theirs," the Leverts wrote. "The story is not over. But we’re going social media silent about this for a few days."