DENHAM SPRINGS — In a vote of 3-2, the Denham Springs City Council voted against approving a liquor license for the Mustard Seed Creamery during the August 12 council meeting.
The council listened to public comment for one hour and 20 minutes, hearing from people who were in favor of, and against the creamery getting its liquor license back. Both Tim and Tasha Levert, who own the creamery, spoke to try and sway the council to understand their business model, and explain why they believe their restaurant is not a church, and should have a liquor license.
The Leverts both stated during their public comment that if the council does not vote to approve their liquor license, the Mustard Seed Church will no longer meet at the creamery.
“We are willing to say the church will no longer meet in that building and on Sunday mornings for worship,” Tim said. “We feel like what’s happening in the restaurant is an important part of the downtown vibrancy of the city of life.”
Councilman Jim Gilbert made a motion to grant a liquor license, on the condition that the Leverts change the address of the church for the time being, but it ultimately failed.
Original story
DENHAM SPRINGS — The Mustard Seed Creamery in Denham Springs has been serving up ice cream, meals, beer, and wine since 2024. On top of normal restaurant offerings, the nonprofit religious organization also hosts Mustard Seed Church services on Sunday mornings.
What the restaurant owners, Tim and Tasha Levert, didn’t know when they started hosting the Mustard Seed Church was that the Sunday services would ultimately jeopardize its liquor license.
“We have a liquor license from the state of Louisiana,” Tasha said. “We had a liquor license from the City of Denham Springs, but they did not renew it this year.”
The 300 foot rule
The Leverts have been in an ongoing battle with the City of Denham Springs over its liquor license for months. They say the debate stems from the ‘300 foot rule.’ In the State of Louisiana, a business cannot sell alcohol within 300 feet of a building used exclusively as a church. The Mustard Seed Creamery claims that they do not operate exclusively as a church, so it was able to obtain a state liquor license.
“The State Alcohol board has no objection to a nonprofit religious organization owning and operating a restaurant that sells alcohol,” Tim said. “They gave us our permit after a very lengthy conversation and understanding of what we’re doing. The state statute is written about the usage of the building. All of our permits – our state permits, city permits, parish permits – all of that says we’re a restaurant.”
According to the Leverts, the Mustard Seed Creamery started selling alcohol in August 2024, about a month and a half after its grand opening. But in November of the same year, they received a notice from the city’s business license manager stating the restaurant’s liquor license would not be renewed because it “transforms into a place of worship” on Sundays.
The City of Denham Springs’ ordinance is different from the state law, and doesn’t use the word ‘exclusively’. “You can’t sell alcohol within 300 feet of a building used as a church,” Tasha explained.
Back-and-forth begins
“When we got the letter from the city saying we’re not going to renew your permit because you transform into a church, I walked right across the street,” Tim said. “I said, ‘We’d like to appeal the decision.’ One, we’re not a church. Two, and this was my fault, but I didn’t realize the city language was different. So that’s on me. But it would be irrelevant, because we’re a restaurant.”
The Leverts say the creamery is always a restaurant. When the church assembles on Sundays, everyone sits at tables, and the setup doesn’t change.
“The city building license officer said, ‘Don’t worry. You don’t have to worry about appealing. We’re not going to make you stop selling until we sort all this out,'” Tim told UWK. Then he requested to sit down with the mayor and the city attorney to work through the details.
On December 5, the Leverts sat down with Mayor Gerard Landry and business license manager Ira Cook. Tim said the city attorney, Stephanie Bond Hulett, was supposed to be there, but wasn’t in attendance. He said they discussed the creamery’s corporate structure, all of their permitting, and what he called a “lack of clarity” in the city ordinance.
“They said they needed to consult with the city attorney, but not to worry and they’re not going to make us stop selling until we work this out,” Tim explained. “But at this point, our appeal window has closed. This ordinance only gives 15 days.”
On December 17, Tim says he called the city to get something in writing since they could no longer formally appeal, and was told by someone at the city they would send him an email. “The email she sent said, because of the city ordinance, you must stop selling alcohol December 31,” he said.
He replied asking for an extension or exception given their previous conversation and lack of clarity in the ordinance. “At that point, the city attorney replied and said, unfortunately, no, citing the city ordinance,” he said.
He replied asking her to reconsider, and never heard back.
New year, no license
On January 1, 2025, the Leverts had no choice but to stop selling alcohol at the Mustard Seed Creamery because their city liquor license wasn’t renewed. Shortly after the first of the year, the Leverts reached out to the Denham Springs City Council to meet and discuss the issue.
Tim said council members Jim Gilbert and Robert Poole both visited the creamery on separate occasions to tour the building, see the setup, and discuss everything that’s been going on. “Since then, they have been on our side, because they understand the law and the intent of the law,” Tim said. He has requested to meet with City Attorney Hulett multiple times, but it hasn’t happened.
March city council meeting
During a March council meeting, the Denham Springs City Council voted not to update the city ordinance to reflect the corresponding state statute. During that meeting, City Attorney Hulett said people raised concerns about not being able to have Bible studies at restaurants if the law doesn’t change. She said that’s not true.
“We can go to any restaurant as long as they’re open and functioning as a restaurant at the time that this group is meeting that can happen,” Hulett said. “Mustard Seed could also say, ‘Okay we’re going to open up and we’re going to serve our ice cream and have a full menu and a full bar open for customers while the church is meeting here.’ You could do that and allow your full things to continue. But, I mean, changing this is not going to change how churches meet in full-service restaurants right now.”
A week later, Tim emailed the city attorney about the plan for the Mustard Seed Creamery restaurant to be open on Sundays. He followed up with her three days later, and she replied, saying it would not be possible because the occupancy of the building is still changing from a restaurant to a church.
Four days later, the Leverts decided to hire a lawyer, Jessica Sarns. Sarns’ advice was for the Leverts to separate the restaurant from the religious nonprofit organization to eliminate the ambiguity. “So we did,” Tim said. “We spent all the money and went through court and the filing and the attorneys and permitting. Now we have all the same permits, but now they all say Mustard Seed Creamery, Inc., instead of Denham Springs Church Project, Inc.”
Tim said the address for the creamery was also affiliated with the Denham Springs Church Project, Inc., so he took the steps to change that as well. Despite the change, Tim said Hulett won’t issue a permit. “She essentially said, ‘As long as your church is assembling in that building on Sunday mornings, you’re a church, and I recommend the City Council deny your alcohol permit,'” he said.
What’s next
The Leverts have formally appealed the council’s July decision not to grant them an alcohol permit, and they are scheduled to be on the agenda at the August 12 council meeting. They expect a lot of people to be there in support of the creamery.
“We’re showing up with 10, 15, maybe 20 people,” Tasha said. But the Leverts have seen an outpouring of support following the most recent vote on July 28, when the council denied the Leverts an alcohol permit based on the city attorney’s counsel. “People we’ve never met before saw the meeting on social media, and just are outraged. They’re in support of us. They love what we’re doing.”
Following that July 28 vote, the Leverts reached out to Councilman Jeff Wesley to ask if he would meet with them, because they are just one vote short from being approved. “We just need one more vote,” Tasha said.
The Leverts told UWK they started serving alcohol so the Mustard Seed Creamery can be a place for people to sit, stay, and talk.
“The reason why it’s important to us is because we want people to sit and gather and spend a little spend time together,” Tasha explained. “When you buy ice cream, you don’t sit and do that. You take it to go, but when you buy a glass of wine and a meal, you do sit and gather. And so that is the heart of what we’re doing.”
UWK reached out to the City of Denham Springs and the city attorney for comment but have not heard back as of press time.
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