The Martells were granted a conditional use permit and an Alcohol Beverage Control liquor license exception. The exception permit was required because the an area has a high number of liquor stores.

Before the planning commission hearing, the Willow Glen Neighborhood Association, Willow Glen Business and Professional Association and neighbors voiced their approval for the store. However, two individuals, who spoke at the Dec. 7 hearing, disagreed.

Brian Lee pointed out there are two other stores selling alcohol within walking distance of the proposed new establishment--Willow Glen Liquors at 1110 Lincoln Ave., and the Grapevine at 1389 Lincoln Ave.

"I don't think the area could handle another establishment that offers the sale of liquor and wine tasting," Lee said.

Willow Glen resident Duane Nichols concurred. "My concern is that Willow Glen is going to become for liquor stores what gambling casinos are to Reno," he said.

Under San Jose law, only four establishments that sell liquor for off-site drinking can exist within a 1,000-foot radius, said planner Rebekah Ross. WineStyles would be the third establishment in downtown Willow Glen.

Yet, many neighborhood and business leaders think that WineStyles will benefit downtown Willow Glen.

North Willow Glen Neighborhood Association president Harvey Darnell told the commissioners that the neighborhood has fought against liquor stores in the past, particularly at the corner of Bird Avenue and Willow Street. WineStyles, he said, is different.

"We feel this is a good quality business," Darnell said.

Willow Glen Runners Supply owner Lance Maurer agreed. "To compare it to a liquor store is unfortunate," Maurer said. "The amount of liquor consumed is only a small amount."

Tom Martell said customers who are interested in tasting wine would drink only 1-ounce servings of four to five different wines. The likelihood of customers being intoxicated from tasting is slim, he said.

"It would be a long night of 1-ounce pours," Martell said.

Commissioner Jay James did question Martell as to how the business would handle problem situations, such as someone drinking too much or underage drinking.

"I hope that you and your employees will be trained on how to tell someone's had too much 'tasting,' " James said.

All the employees would be trained to limit tasting, Martell said, and checking identification will be required.

The storeowners hope to open at the beginning of 2006. A similar business may be soon joining Winestyles. On Dec. 1. Beverages & More! filed a conditional use permit application to open at 1133 Lincoln Ave. The statewide chain is similar to WineStyles, selling alcohol to drink off-site and offering wine tasting in the store.