The Santa Fe City Council on Wednesday denied a liquor license to the new Walmart Supercenter, which was planning to sell packaged liquor when it opens in the coming year.

The vote to deny the transfer of the license from the Ore House on the Plaza was 5-4, with Mayor David Coss breaking the tie close to 11:30 p.m.

The Council also postponed another liquor-license decision — this for the Giant station at the corner of South Meadows and Airport roads.

The decisions came after school Superintendent Bobbie Gutierrez, teachers, parents and students objected to both licenses because of the density of liquor outlets on the far southwestern end of town.

They argued that the Giant station is within 300 feet of Sweeney Elementary School, and that state law bans liquor sales within that distance of either a church or a school.

But Suzanne Odom, a lawyer representing Western Refining Southwest Inc., which owns the Giant station, said the distance from the school to the station's front door is 377 feet.

City Attorney Geno Zamora said state law specifies the distance is to be measured between property lines, but a state regulation says the distance is measured between the actual buildings. He said a Supreme Court ruling found that the actual statute has precedence over the regulation.

Councilor Carmichael Dominguez, who has opposed more alcohol outlets in the far southwest end of the city, moved to have Western Refining Southwest Inc. return to the council on April 27 for a hearing on a waiver of the 300-foot rule. Seven councilors approved that motion, with Councilor Patti Bushee abstaining.

The councilors had a harder time with the Walmart proposal. The Supercenter, now under construction in the Entrada Contenta commercial development on Herrera Drive, is a half-mile away from the nearest school or church.

Linda Aiken, a lawyer for Walmart, and other company representatives, said the retailing giant needs to sell liquor as part of its "one-stop shopping" for its grocery sales. She said Walmart takes elaborate precautions to prevent minors from purchasing or stealing alcohol from its stores. But under questioning from Councilor Dominguez, Aiken said there were no plans to have separate cashiers for the liquor department.

Dominguez then moved to deny the license. His motion was supported by Councilors Ron Trujillo, Chris Calvert and Rebecca Wurzburger.

But Councilor Bushee said the last time the City Council turned down a liquor license, the state Alcohol and Gaming Division overturned it. Bushee, Miguel Chavez, Matthew Ortiz and Rosemary Romero voted against Dominguez's motion. Ortiz said the Council had no real basis to deny the transfer because specific health and safety evidence about new Walmart site was not presented.

Coss, without explaining his vote, then broke the 4-4 tie by voting to deny the license.

The decision can be appealed to the state agency and would then go to District Court.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.