Why won't the city grant my alcohol permit near a school?

Full question:

I have a building that has always been a club so I spent money to open it after it had been closed for almost a year. Now the city will not give ma a permit because now it is too close to the same school that had been there for many years. 

• Category: Alcohol
• Subcategory: Schools
• Date: 04/07/2025
• State: Texas

Answer:

The Texas Alcoholic Beverage Code allows cities to set rules about selling alcohol near schools and churches. They can prohibit sales within 300 feet of a public or private school, or extend this to 1,000 feet under certain conditions. Cities are not required to create these ordinances, but if they do, they can enforce them and grant variances.

In your case, it seems there is an ordinance regarding the location of alcohol-selling establishments relative to schools. You need to review the ordinance to see how it addresses discontinuation of use and if it applies to your situation. If your premises existed before the ordinance was enacted, it might have been grandfathered in, allowing it to operate regardless of distance from a school. However, if the premises was closed for a significant time, the city may argue it lost its grandfather status.

Zoning regulations could also affect what is permitted in certain areas. Review Section 109.33 of the Texas Alcoholic Beverage Code for relevant provisions.

There is a provision in the Texas Alcoholic Beverage Code stating that if a permit is granted and a new ordinance later prohibits it, any renewal must still be allowed. However, this does not apply to public school distance requirements except in limited circumstances. Specifically, if a permit holder sells the premises and a new permit is required, it is treated as a renewal unless specific conditions apply (see Sec. 109.59).

In summary, check the local ordinance, the history of your establishment, and any applicable zoning regulations to understand your options.