(Okoboji)– The Iowa Court of Appeals Wednesday issued a ruling ordering the city of Okoboji to issue a class “C” liquor license to Butch Parks and Okoboji Barz, Incorporated for the O’Farrell Sisters Restaurant.
Saying it would violate a zoning ordinance, the city council previously denied the application, saying the sale of alcohol constituted an expansion of a nonconforming use. The district court upheld the city’s denial. Parks appealed that ruling to the Court of Appeals.
In its ruling, the Court of Appeals says even with the addition of liquor sales, the O’Farrell Sisters Restaurant will retain its status as a legal non-conforming use as a restaurant. They say there was no material change in the structure or use, and that there was no substantial evidence showing that serving alcohol at the restaurant would have an adverse impact on the neighborhood.
As a result, the Court of Appeals remanded the district court’s ruling and is ordering the city to issue the liquor license.
