ORANGE BEACH, Ala. — The building that most recently housed Bella Luna pizza has been closed for some time. Again.

In the past it has housed various businesses and undergone extensive renovations. Before it was home to Bella Luna, it was the location of Snappers Lounge.

“Snappers was not only a honky tonk,” Mayor Tony Kennon said of the location. “It was a grocery store, it was a barbecue place.”

But now it is vacant again. A new resolution passed by the Orange Beach City Council may provide an inroad for another restaurant, one that can sell liquor on the site.

The new law, passed on a 5-1 vote on Tuesday, allows liquor to be sold within 1,000 feet of a school if the business’ gross receipts from liquor are 25 percent or less. Kennon cast the only dissenting vote.

The city currently restricts the sale of liquor within 1,000 feet of a school and Orange Beach Elementary sits just up Wilson Boulevard. The lack of liquor availability may have contributed to the demise of Bella Luna.

“I have a personal interest in this because I live right down the road and I used to frequent the place very often,” resident Greg Leatherbury told the council at a recent work session. “Up until one night, and I’m talking about Bella Luna, and I happened to go with my neighbor and he ordered a scotch and water and was told they couldn’t serve scotch and water. He said he was never coming back there again. I think this is ridiculous.”

Kennon doesn’t want to see another bar in the location.

“The point is I have great concerns about good times, bad times, rollercoaster and what that place could become,” he said. “The last thing I want to see is a social group hanging out at a bar at lunch time or right after school when you’ve got 75 kids at the rec center, you’ve got tennis going on, you’ve got people in that neighborhood and you’ve got kids riding bicycles.”

Jeff Miller owns the property and before Bella Luna opened he reportedly spent $1.5 million upgrading the building. He envisions an upscale restaurant in the location.

“Jeff didn’t make a $1.5 million investment in that building to make a honky tonk or a beer joint,” his lawyer, Daniel Craven, told the council. “We’re looking for an upscale restaurant, something like a steak and seafood restaurant that the neighborhood can be proud of.

“When you’ve got that marketability and that large an investment that’s what you’ve got to have. That’s what we are committed to and that’s what we are asking for.”

Councilman Jeff Silvers had a couple of questions about the move. How would the 25 percent be verified?

“We will have to ask for special reports,” Finance Director Clara Myers said. “We have a similar situation where we had to get them to send special reports.”

“It is verifiable,” Kennon said.

Silvers other question concerned the possibility of future businesses locating there and not following the rules.

“The possibility of Mr. Miller finding a buyer for that project tomorrow, two years down the road, that person, that new owner might come in with a whole new different mentality of not trying to get along in that neighborhood,” Silvers said. “You’ve got to weigh that out.”

City Attorney Wand Cochran said the new rule would apply to any business that wanted to sell liquor within 1,000 feet of a school.

“The ordinance fixes the problem,” Cochran said. “The idea is that nobody objects to a Cosmos or a good restaurant and you get there by requiring there to be legitimate food service and a full kitchen and drinks are incidental to the preparation of food.”

Councilman Jerry Johnson believes the 25 percent rule is a workable compromise.

“That ratio would safely keep it at a restaurant-type situation and that’s what Jeff really wants and that’s what he’s always wanted,” Johnson said. “He just wants a return on his investment. He wants a restaurant that would add and help the local community. And also help the entire city.”

Miller said if the rule is not followed, then the city has the ordinance in place to take action.

“I want the same thing, too,” he said. “The ordinance will allow the city, if it’s a problem, you can do something about it.”