Does Your Site Qualify for the Alcoholic Beverage Permit You Need for Your Operations?
If you're setting up a business in Texas that intends to sell or manufacture alcoholic beverages, obtaining the right alcoholic beverage permit is essential.
But how do you determine if your chosen site qualifies? Here are three critical factors to consider:
1. Local Option Election (LOE) or Wet/Dry Status:
The Local Option Election dictates which types of TABC permits and licenses a business is eligible for. While the Texas Alcoholic Beverage Commission provides LOE details for every city and county in Texas, the actual wet/dry status is determined by the city or county clerk's office. Before signing any lease or making a property purchase, it's crucial to verify the LOE with these officials. Bear in mind, that changing the LOE status in an area typically requires another election.
2. Local Zoning and Use Regulations:
Beyond the LOE, businesses need to be aware of zoning and use regulations. Most cities in Texas have zoning laws that define where certain businesses can operate. For instance, bars might only be permitted in specific commercial zones and might also require special use permits. It's equally essential to know that these regulations differ between cities and unincorporated county areas. Zoning ordinances can also dictate factors like food vs. alcoholic beverage sales for restaurants, fire safety measures, and other operational considerations. As always, before signing any documents, check with city or county officials regarding any potential use restrictions.
3. Proximity to Protected Uses:
Texas law allows cities and counties to regulate how close an alcohol-selling business can be to certain protected entities, like schools, churches, hospitals, and daycare centers. However, the specifics of these regulations can vary widely. Some places might not have set distance restrictions, while others might have more lenient or stringent rules. With so many variables at play, it's essential to review local ordinances and meet with local officials to ensure your business location won't run afoul of these protected use provisions.
With the complexities surrounding liquor laws in Texas, navigating the path to getting an alcohol license can be challenging. Martin Frost & Hill are experts in this field and can guide you every step of the way. If you're unsure about your property's qualification or need help securing the necessary TABC and/or TTB permits, set up a short call with us.