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Businesses seeking waiver to sell alcoholic beverages within 300 feet of Austin ISD schools

Right now, alcohol can't be sold within 300 feet of Austin day cares, schools, churches or hospitals.

AUSTIN, Texas — The Austin City Council is considering agenda items that would give Torchy's Tacos and Wheatsville Co-op permission to sell alcoholic beverages within 300 feet of schools.

The businesses want the city to waive the "Minimum Distances Rule," which prohibits alcohol sales within 300 feet of day cares, schools, churches or hospitals.

Austin ISD sent the council a letter of opposition on both the waiver requests, saying alcohol sales near schools are not conducive to a positive and safe learning environment.

Torchy's wants the waiver for its location near Lively Middle School in South Austin. It argues that the restaurant is within 150 feet of Lively's athletic field, but its property line is more than 800 feet from the school's primary entrance and exit. Torchy's also pointed to other businesses already selling or giving away alcohol near the school.

Meanwhile, the Wheatsville Co-op is hoping for the same waiver near the Ann Richards School for Young Women Leaders. The co-op also pointed to other establishments in the vicinity that have been granted the waiver.

In addition to Austin ISD, the organization Texans for Safe and Free Drug Youth is calling on council members to reject both the waiver applications. The group has the support of several current and former district trustees.

The group shared the following stats from the 2022 Texas Health and Human Services survey of drug and alcohol use:

  • More than 40% of Texas middle and high school students have used alcohol at least once
  • Close to a quarter of students report that alcohol is easy to get a hold of
  • In 2022, more than 400 Texans under 21 died from alcohol use

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