Liquor commission rejects a liquor-license request for a store in Whiteclay

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Originally published Aug. 11, 2004

A Christian missionary who helps people struggling with alcoholism in Whiteclay commended Tuesday's decision to reject a new liquor license in the reservation border village.

Bruce BonFleur, co-director of the alcoholism outreach ministry known as 555 Whiteclay, said Tuesday's denial of a fourth off-sale beer license avoided "throwing gasoline on an already out-of-control fire." The mission, which started about two months ago, daily assists between 30 and 40 inebriated people.

"They made absolutely the right decision," he said about the 3-0 vote by the Nebraska Liquor Control Commission.

Commissioners denied a license for a fourth beer store in the unincorporated village near South Dakota's Pine Ridge Indian Reservation. Applicant Thomas Bernard of Chadron failed to convince commissioners the Sheridan County village with fewer than 30 residents needed another place to buy off-sale beer.

When asked Tuesday if he would appeal the decision, the Chadron businessman said, "There's a real possibility."

The commission will send Bernard a written record of the decision within the next two weeks. He will then have 30 days to appeal in Lancaster County District Court.

Bernard, who owns a Chadron insurance agency and a bar/casino in South Dakota, wondered if the decision represents a strategy to eliminate all beer sales in Whiteclay.

The commissioners registered their votes without comment. Director Hobert Rupe said Tuesday afternoon they based their denial on several grounds, including concerns about inadequate law enforcement in Whiteclay and a finding that another license was not needed to serve the public convenience.

"They put public health, safety and welfare at the front of their minds in making this decision, as they do with every application that comes before them," Rupe said.

Commissioners also considered whether Whiteclay's population is growing, using a population figure of 14. The 2000 Census listed Whiteclay's population at 27.

Earlier this year, the commission revoked the license belonging to the owner of the Arrowhead Inn, which reduced the number of beer stores to its present level. The commission also denied an application by the owner's son to obtain a license, which is under appeal.

Beer stores in Whiteclay sell a stunning amount of alcohol. In 2003, the store owners sold 427,000 gallons of beer, according to commission figures.

Most of their customers are members of the Oglala Lakota Tribe, a people afflicted by high rates of alcoholism and poverty. Yet in 2001, Lakota people spent nearly $3.3 million on alcohol in Whiteclay, which generated about $164,000 in sales tax for Nebraska, said Sen. Don Preister of Omaha.

"I think it was the responsible thing to do," he said Tuesday upon learning of the commission's action. In the past, Preister has sponsored unsuccessful legislation to ban alcohol sales in Whiteclay.

The commission's decision drew praise from Mark Vasina, president of Nebraskans for Peace. He also commended the commission staff for holding a public hearing on the license application, an unusual step for applicants that faced no protests at the local level.

During Tuesday's hearing, the applicant told commissioners that denying him a license wouldn't solve the underlying problems of alcohol on the reservation.

"What I'm saying is whether Whiteclay has a fourth license or not â€- people up there are still going to buy it," Bernard said. "They're just going to be on the road."

If reservation officials want to prevent alcohol from being brought into Pine Ridge, they need to set up roadblocks, he argued.

After the hearing, Bernard, 48, said a beer store in Whiteclay would generate a good income. He expressed no qualms about owning such a business despite widespread alcohol addiction in the region.

"Somebody's going to do it, aren't they?" he asked.

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