Posted 11:10 pm Wednesday, November 14, 2012
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Tyler ordinance will detail legal beer, wine sale regulations
Tyler city leaders agreed Tuesday to adopt an ordinance addressing legal beer and wine sales, ahead of next week's official vote canvass on the matter.
Efforts also are under way to streamline the manner in which permits are obtained.
State laws address most issues pertaining to legal alcohol sales, but the city has some regulatory authority on topics such as signage, open containers and distance from places such as schools, churches and hospitals, officials said.
Tuesday's vote means there are now mechanisms in place for handling what could be a steady stream of permit applications submitted to the planning department.
“Once the vote is canvassed the planning department can begin to take (permit applications),” City Planner Heather Nick said. “We worked with our TABC partner to see how the process works.”
The Tyler City Council is expected to canvass the votes during a special called meeting set for 9 a.m. Monday.
A special mayor's committee created several months ago helped draft the ordinance, recommended for approval last week by the city's Planning and Zoning Commission.
The new ordinance specifies distance requirements between retail outlets and churches, schools, public hospitals and child care facilities.
Sales are prohibited in residential and restricted professional office areas.
Also, drive-through sales outlets must be enclosed on at least two sides, and located only in areas designated for manufacturing, as allowed by a special use permit, officials said.
There are also regulations on signage, both interior and exterior, officials said.
“The TABC is more restrictive on signage” than city ordinances, Ms. Nick said.
Efforts also are under way to streamline the manner in which permits are obtained.
State laws address most issues pertaining to legal alcohol sales, but the city has some regulatory authority on topics such as signage, open containers and distance from places such as schools, churches and hospitals, officials said.
Tuesday's vote means there are now mechanisms in place for handling what could be a steady stream of permit applications submitted to the planning department.
“Once the vote is canvassed the planning department can begin to take (permit applications),” City Planner Heather Nick said. “We worked with our TABC partner to see how the process works.”
The Tyler City Council is expected to canvass the votes during a special called meeting set for 9 a.m. Monday.
A special mayor's committee created several months ago helped draft the ordinance, recommended for approval last week by the city's Planning and Zoning Commission.
The new ordinance specifies distance requirements between retail outlets and churches, schools, public hospitals and child care facilities.
Sales are prohibited in residential and restricted professional office areas.
Also, drive-through sales outlets must be enclosed on at least two sides, and located only in areas designated for manufacturing, as allowed by a special use permit, officials said.
There are also regulations on signage, both interior and exterior, officials said.
“The TABC is more restrictive on signage” than city ordinances, Ms. Nick said.
Businesses may reference alcohol in their primary exterior sign, but they are limited in the amount of additional signs, official said.
“We don't regulate the name,” TABC Sgt. Marcus Stokke said, explaining that businesses can have “beer” and “wine” in the name. “It can be business name and one sign.”
As far as interior signage, Stokke said, “They (signs) have to be five feet back from the glass.”
The ordinance relates to pre-packaged items sold directly to the public and does not affect restaurants and existing uses, records show.
Open containers are prohibited on public streets, alleys, sidewalks and within 1,000 feet of certain establishments such as substance abuse treatment centers.
Filing instructions may be found on the home page of the city's website, www.cityoftyler.org under the tab, Alcohol Sales – Business Owner Kit.
Records show Brookshire's Grocery Company is among the first entities seeking a permit at these locations: Brookshire Food Stores at 213 N. U.S. Highway 69 in Bullard, 2734 E. Fifth in Tyler, 20100 Highway 155 South in Flint, 2020 Roseland Blvd. in Tyler, 200 Rice Road. in Tyler; FRESH at 6991 Old Jacksonville Highway in Tyler; Super 1 Foods at 3828 Troup Highway in Tyler, 1105 E. Gentry Parkway in Tyler and 3000 WNW Loop 323 in Tyler.
The average review time could take between 45 and 60 days, officials said.
Any protests to the application could also affect the timelines, Ms. Nick said.
“This is all going to be new to us,” Councilman Mark Whatley said, asking if there are any pitfalls the city needs to be aware of and avoid.
“A lot of cities don't do their homework,” Stokke said. “I think you all are doing it as good as I've ever seen it.”
Mayor Barbara Bass expressed satisfaction with the assessment: “That's the way we want it.”
“We don't regulate the name,” TABC Sgt. Marcus Stokke said, explaining that businesses can have “beer” and “wine” in the name. “It can be business name and one sign.”
As far as interior signage, Stokke said, “They (signs) have to be five feet back from the glass.”
The ordinance relates to pre-packaged items sold directly to the public and does not affect restaurants and existing uses, records show.
Open containers are prohibited on public streets, alleys, sidewalks and within 1,000 feet of certain establishments such as substance abuse treatment centers.
Filing instructions may be found on the home page of the city's website, www.cityoftyler.org under the tab, Alcohol Sales – Business Owner Kit.
Records show Brookshire's Grocery Company is among the first entities seeking a permit at these locations: Brookshire Food Stores at 213 N. U.S. Highway 69 in Bullard, 2734 E. Fifth in Tyler, 20100 Highway 155 South in Flint, 2020 Roseland Blvd. in Tyler, 200 Rice Road. in Tyler; FRESH at 6991 Old Jacksonville Highway in Tyler; Super 1 Foods at 3828 Troup Highway in Tyler, 1105 E. Gentry Parkway in Tyler and 3000 WNW Loop 323 in Tyler.
The average review time could take between 45 and 60 days, officials said.
Any protests to the application could also affect the timelines, Ms. Nick said.
“This is all going to be new to us,” Councilman Mark Whatley said, asking if there are any pitfalls the city needs to be aware of and avoid.
“A lot of cities don't do their homework,” Stokke said. “I think you all are doing it as good as I've ever seen it.”
Mayor Barbara Bass expressed satisfaction with the assessment: “That's the way we want it.”
