TYLER, Texas — An under construction convenience store in Tyler won't be allowed to sell beer or wine because of a City of Tyler Council vote Wednesday morning.
The council voted no because the TABC rules says any business that sells alcohol has to be at least 300 feet away from a school. Bell Elementary is 290 feet away from the store.
"It’s only the Bell Elementary that’s in question and I understand that we’re talking about ten feet, but the ordinance does have a number and that number is 300," said Tyler City Councilman Brad Curtis.
10 feet – a measurement that meant everything to a business operator who appealed a decision preventing him from selling alcohol in his store.
The council voted 5-1, Mayor Don Warren was the only one who voted in favor of the business to sell alcohol.
The city has granted exemptions to local businesses in the past.
"I can think of...there was a restaurant down Cork, was too close to a school. We granted one after another that we have given people the right to sell beer and wine," Warren said. "I think we have set a precedent of having tolerance and not just saying, 'we’re ten feet short, we’re not getting it.'"
A precedent that could change the course of future businesses coming to Tyler.
"What does the future hold? I don’t know. But I think it’s very important for an applicant to know what that distance requirement is and if there’s an adjustment that can be made," Warren said.
CBS19 spoke to the owner over the phone today, but didn't comment on the issue, but said he still plans to open within the next two weeks.