Tyler City Council adopts new ordinance changing alcohol sale re - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Tyler City Council adopts new ordinance changing alcohol sale requirements

TYLER, TX (KLTV) -

Tyler City Council adopted a new ordinance proposed by the Planning and Zoning Commission during their meeting Wednesday.

The City of Tyler Planning and Zoning Commission requested that the Tyler City Council consider adopting a new ordinance clarifying and amending the distance restrictions on the sale of alcohol beverages near schools day care centers, and child care centers.

Back in February, Super Mercado Monterrey, Sam's Club and CEFCO had requested Tyler City Council consider special use permits to grant a variance to eliminate or reduce the required 300 feet distance separation from a school or church.

The Tyler City Council tabled that vote until Wednesday.

The Planning and Zoning Commission proposed the council keep the 300 feet distance separation when a business is next to a church, like CEFCO. 

However, when a business is within 300 feet of a school, they may be eligible to sell beer and wine if they meet the requirements of the newly proposed ordinance, which the council amended before adopting it by a 6 to 0 vote. 

The new ordinance states the sale of alcoholic beverages less than 300 feet of public or private schools is permissible and is allowed by right if all of the following requirements are met:

The building in which the alcoholic beverages are sold is a minimum of 20,000 square feet in size and a natural or man-made buffer exists, and continues to exist, between the premises on which the alcoholic beverages are being sold and the public or private school use.

For purposes of this subsection, the term "buffer" shall mean of the following:

Any of the types of "Type C" Bufferyard as defined in Section 10-322.c. with a fence at least six feet in height, or a permanent fence and/0r wall at least six feet in height measured from finished grade to the top of the wall or fence; or a permanent fence and/or wall combined with an embankment berm or hill, creating an effective buffer at least six feet in height; and if all the fences and buffer areas are continuously maintained in a safe and orderly condition.

Those businesses that believe they fall within the restrictions of this new ordinance can apply to sell beer and wine.

Businesses that are within 300 feet of a church can still apply for a special use permit.

Heather Nick with the Tyler's Planning and Zoning Commission said they will try to get back to businesses within two weeks of receiving their application.

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