Tyler City Council passes 3 ordinances pertaining to alcohol sales

Tuesday, November 13, 2012 - 11:26am

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.

Beer barns, which require special permits, will only be allowed to be built in M-2 Zones, or General Industrial District, only, and 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 fiive 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.

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