Tyler City Council passes 3 ordinances pertaining to alcohol sales
POSTED: Tuesday, November 13, 2012 - 2:08pm
UPDATED: Tuesday, November 13, 2012 - 6:56pm
Tyler, TX — The Tyler City Council met Tuesday to discuss several city ordinances in relation to the newly passed alcohol propositions.
Council members took into consideration four ordinances-- three pertaining to the regulation of beer and wine sales.
Beer and wine store's property lines are required to be 300 feet from any church property line. The distance for schools and hospitals has not been determined due to possible differences in city and state restrictions. Stores will not be allowed in "RPO" zones which are residential and professional office areas.
The City of Tyler is has adopted regulations (as allowed by state law) that prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a public or private school.
Per state law this distance is measured in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections. Under Texas Law, if the City Council receives a request from a private school then the City Council could extend the distance to 1,000 feet from the private school. State Law also allows an extension to 1,000 feet for public schools, but that provision does not apply to Tyler due to its population.
The opening of "Beer barns," or packaged drive through food and beverage businesses, will require special use permits and will limited to M-2 Zones, or General Industrial District areas only.
Beer and wine stores will only be allowed one sign, unless the business is on a corner, thus permitting two signs. The sign's content will be regulated by the Texas Alcoholic Beverage Commission and the sign's size by the city, which is no more than 50 square feet per banner.
The City of Tyler restricts animated, flashing, blinking or electronic message signs within the city. However, the use of "static" signs or non-moving signs, including neon signs, are permitted as long as they meet the TABC five foot distance requirement from any store front window or door.
The three ordinances are listed as the following:
O-1 It is requested that the City Council consider adopting an ordinance amending Tyler City Code Chapter 10 relating to the regulation of beer and wine sales:
1. To establish certain distance restrictions on the sale of alcoholic beverages near a church, public or private school, public hospital, day-care center or child-care facility, providing for exceptions, and establishing a procedure for granting variances;
2. To prohibit the sale of beer in area that is zoned Residential or RPO;
3. That a local fee be levied for each permit issued by the State under the Alcoholic Beverage Code within the city, as allowed by State law;
4. To require that the location that is the subject of a Texas Alcoholic Beverage Commission permit must comply with the Unified Development Code, alcohol-related ordinances, and all other applicable ordinances, rules and regulations of the City;
5. To prohibit the possession of an open container or consumption of an alcoholic beverage on a public street, public alley, or public sidewalk, within 1,000 feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in a central business district;
6. To add references to State law restrictions on signs and banners related to sale of alcoholic beverages; and
7. To add references to State law restrictions on hours of operation for such businesses.
O-2 Request that the City Council consider adopting an Ordinance amending Tyler City Code Chapter 10 to adopt zoning regulations to regulate drive-through service areas that allow for passage of motor vehicles and used primarily for the retail sale or delivery of pre-packaged foods or beverages for off-premises consumption, if located in the "M-2", General Industrial District and through issuance of a Special Use Permit. This ordinance will have no effect on restaurant drive-through lanes or existing uses.
O-3 Request that the City Council consider adopting an Ordinance amending the Unified Development Code in Tyler City Code Chapter 10 by clarifying that the existing fee for Zoning Changes shall also apply to the administrative costs associated with beer and wine on-site inspection verification, and other types of on-site zoning inspection verification.
BUSINESS OWNERS if you are interested in applying for a TABC permit please see the Business Kit on the City of Tyler website that walks you through the process: http://www.cityoftyler.org/PlanningZoning/AlcoholPermittingProcessBusinessOwnerKit/tabid/1126/Default.aspx