March 6, 2003

COLLEYVILLE CITY COUNCIL ACTION CUT BY 70%, (FROM 1,000 ft. to 300 ft.), THE DISTANCE BETWEEN ALCOHOL SALES AND SCHOOLS OR CHURCHES.  CITY ATTORNEY SAYS ACTION IS NOW NOT REVERSIBLE

While the closing of businesses in Colleyville and a downward spiral of over 14% in sales taxes has citizens concerned about economic development in the city, the Sports Bar next to the Baptist Church was not what most had in mind to fill the development vacuum.

Colleyville resident and First Baptist Church member Joe Deupree told the city council that "his elected representatives had let him down."  Deupree was referring to the opening of a Sports Bar within a few feet of the Baptist Church.  Deupree pointed out that the concept of "Special Use Permit" should be just that; special.  During the discussion to grant a "blanket" SUP for alcohol sales to the Town Center property, the question surfaced concerning the change that required a minimum distance of 1,000 ft. from establishments selling alcohol from churches or schools. The 1,000 ft. had previously been approved by the voters.

The city council reduced the distance to 300 ft. when council members Hocutt, Rice, Feldman, Marlin and Tigue voted to change the distance to accommodate Miguelito's Restaurant.  Miguelito's was within the 1,000 ft. distance of Colleyville's First Baptist Church, therefore, was prohibited from selling alcohol. 

The restaurant has since become one of the many closed business casualties in the city and a new owner took over.  This time the new owner was allowed to open a bar because the permit stays with the property, not the business.

Speaking in favor of the 300 ft. decision, Council member Ginny Tigue said the granting of blanket alcohol permits was necessary for the "economic development" of the city.  Councilman Richard Newton said there is concerned about the relaxing of the rules upon city council's whim and he wanted to determine what it would take to reverse the trend of alcohol sold near churches and schools.

Upon inquiry from Newton, City Attorney Ross Foster said that the die was cast concerning the distance and that "the city council could not go back to the original distance regulation."  In fact, Foster pointed out, due to Texas legislative changes in the 1990s, when the city waived the 1,000 ft. distance rule, the city then forfeited the right forever to establish a distance greater than the state minimum. Foster said that state guidelines would now only allow a variance in Colleyville to require a distance separation of greater than 300 ft. in the singular situation where a "private" school asked for consideration.

Newton pressed the current members of city council to acknowledge if they were even aware of this rule before their previous vote concerning Miguelito's was taken.  While there was no direct answer to Newton's question, Mayor Arp said the decision to provide blanket approval was necessary to assist developer's commercial projects. 

Council member Tigue pointed out that no one from the Baptist Church objected when the alcohol permit was granted to Miguelito's.  Church member Deupree said that there was not an objection to the permit because folks were under the impression this was for a restaurant and not a bar.  However, the permit stays with the property and the business can change hands many times.  Deupree said if fellow members realized the council had changed the voter's will by allowing bars next to churches, the reaction would have been much different.

The Town Center blanket alcohol approval was granted, on a 4 to 1 vote, with Councilman Newton dissenting.  The vote carried an exception that no alcohol could be sold on the north east corner of the property near Barbara Gordon's Montessori School.