Guidelines set for selling beer, wine in Bullard

BULLARD (TYLER MORNING TELEGRAPH) — The process for vendors to begin selling beer and wine in Bullard can officially start after the city council adopted a set of ordinances Tuesday regulating sales.

Two alcohol propositions inside Justice of the Peace Precinct 2 were passed overwhelmingly by voters on Nov. 6.
Doris Crockett, Bullard city secretary, said the entirety of the Smith County side of the city resides in Precinct 2, so the new ordinances would not affect properties in Cherokee County.

The propositions allow for the sale of beer and wine products for off-premise consumption in gas stations and grocery stores, and allows for the sale of mixed beverages in restaurants without having the designation of a private club.

According to the ordinance, both restaurants selling mixed beverages and beer stores must be placed in areas zoned as light commercial or general commercial districts. However, establishments can apply for a variance from the city.

Drive-thru beer stores will be allowed in areas zoned as general industrial districts.

Restaurants and stores selling beer and wine will be concentrated along U.S. Highway 69 and in portions of downtown, Mayor Pam Frederick confirmed.

Neither set of establishments will be allowed in residential areas, on land zoned for agricultural use, or within 300 feet of a school, church or daycare.

City Manager Larry Morgan said the city originally sought to keep the sale of alcoholic beverages 1,000 feet from churches and schools at the request of The Brook Hill School and Bullard ISD, but a subsection of language in the Texas Alcoholic Beverage Code stated that distance was only applicable for cities with a population of more than 900,000.
Charles Morton, city attorney, said the measurement criteria for schools will be from 300 feet from the school's property line to property line of the proposed store or restaurant, whereas the measurement criteria for churches will be 300 feet from door to door.

The ordinance also outlines the hours allowed to sell alcohol, which follows state guidelines.

Beer and wine can be sold from 7 a.m. to midnight Monday through Saturday. Sunday has a special set of rules, allowing the beverages to be sold from midnight to 1 a.m., and again from noon to midnight. Restaurants can serve beer and wine to customers from 10 a.m. to noon on Sundays if food is being served to the customers as well.

City officials discussed and set a permit fee for applicants wishing to sell in the city at $150.

"Someone is going to have to take the time to physically check each site," Morton said.

Once permitted, each establishment that has been selling for more than three years will pay a $30 fee annually to the city, officials said.

Tony Johnson, manager of the Brookshire's in Bullard, said the store will have beer and wine later than stores in Tyler because the Tyler City Council set its ordinances in November.

He also said the store will have to bring in more coolers to house the products, and the city will need to inspect its plumbing and electrical circuits before it can sell the products.

"We are going to have it," he said. "It depends on how soon we get signatures (for city permits)."


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