Posted 12:12 am Wednesday, October 24, 2012
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City leaders looking at zoning laws ahead of alcohol election
Tyler city leaders are examining local zoning laws ahead of the Nov. 6 vote that could possibly legalize the sale of beer and wine for off-premises consumption, and a report of their findings is due out today.
Officials said they want to understand how a successful alcohol initiative could affect local ordinances and ensure laws that are on the books are appropriate.
Earlier this year, the “Buy Local First” special purpose political action committee announced a plan to seek voter approval for legalized sales in Precinct 2, which includes southwestern Tyler, Flint and Bullard, records show.
Early voting for that election started Monday and city leaders plan to be ready should the initiative pass.
The Tyler City Council expects today to hear a presentation about two proposed amendments to the Unified Development Code that address the conditions under which alcohol can be sold, city records show.
“The city has concerns associated with safety, traffic, pollution and aesthetic problems associated with certain types of drive-through facilities,” City Attorney Gary Landers said in his report. “The presentation summarizes possible regulations of those enclosed drive-through facilities that provide for the retail sale or delivery of pre-packed foods or beverages directly to citizens in motor vehicles.”
Mayor Barbara Bass directed the formation of a special committee several months ago to examine current state laws and compare them to Tyler's ordinances.
The findings and recommendations of that committee are to be included in today's presentation, officials said.
State laws govern certain provisions associated with alcohol sales, but the community has some regulatory authority on certain issues, officials said earlier, citing as an example regulations for private clubs.
Officials said they want to understand how a successful alcohol initiative could affect local ordinances and ensure laws that are on the books are appropriate.
Earlier this year, the “Buy Local First” special purpose political action committee announced a plan to seek voter approval for legalized sales in Precinct 2, which includes southwestern Tyler, Flint and Bullard, records show.
Early voting for that election started Monday and city leaders plan to be ready should the initiative pass.
The Tyler City Council expects today to hear a presentation about two proposed amendments to the Unified Development Code that address the conditions under which alcohol can be sold, city records show.
“The city has concerns associated with safety, traffic, pollution and aesthetic problems associated with certain types of drive-through facilities,” City Attorney Gary Landers said in his report. “The presentation summarizes possible regulations of those enclosed drive-through facilities that provide for the retail sale or delivery of pre-packed foods or beverages directly to citizens in motor vehicles.”
Mayor Barbara Bass directed the formation of a special committee several months ago to examine current state laws and compare them to Tyler's ordinances.
The findings and recommendations of that committee are to be included in today's presentation, officials said.
State laws govern certain provisions associated with alcohol sales, but the community has some regulatory authority on certain issues, officials said earlier, citing as an example regulations for private clubs.
Alcohol sales in Tyler can be offered in certain locations zoned commercial, but proper permits also are required for occupancy, City Planner Heather Nick said.
The city also has the authority to regulate the proximity between sale locations and certain public facilities, in accordance with state law.
“A 300-foot distance is required from churches, public schools and public hospitals,” Ms. Nick said. “Day care is an option — it can be included in the ordinance.”
State law spells out 10 different options for alcohol sales, and voters are being asked to consider two provisions, one being the legal sale of beer and wine for off-premises consumption in places such as grocery and convenience stores.
Packaged liquor sales would not be allowed under that option.
The second option permits the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. This version was overwhelmingly approved by Tyler voters in 2008, but the current effort would expand sales to areas annexed after 2008 and in Justice Precinct 2.
Committee spokesman Bob Westbrook said earlier the measure is intended to legalize sales in grocery and convenience stories, but it also could prompt the creation of new, alcohol-only stores.
In other agenda items planned for today, city officials plan to officially accept the “Community of the Year” award from the American Planning Association and honor City Planner for receiving the President's Award from the same organization.
The city also has the authority to regulate the proximity between sale locations and certain public facilities, in accordance with state law.
“A 300-foot distance is required from churches, public schools and public hospitals,” Ms. Nick said. “Day care is an option — it can be included in the ordinance.”
State law spells out 10 different options for alcohol sales, and voters are being asked to consider two provisions, one being the legal sale of beer and wine for off-premises consumption in places such as grocery and convenience stores.
Packaged liquor sales would not be allowed under that option.
The second option permits the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. This version was overwhelmingly approved by Tyler voters in 2008, but the current effort would expand sales to areas annexed after 2008 and in Justice Precinct 2.
Committee spokesman Bob Westbrook said earlier the measure is intended to legalize sales in grocery and convenience stories, but it also could prompt the creation of new, alcohol-only stores.
In other agenda items planned for today, city officials plan to officially accept the “Community of the Year” award from the American Planning Association and honor City Planner for receiving the President's Award from the same organization.
