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Smaller town, smaller buffer

Mesquite ISD: Balch Springs can't stop beer, wine store near school

12:00 AM CDT on Saturday, April 14, 2007

By KARIN SHAW ANDERSON / The Dallas Morning News
ksanderson@dallasnews.com

State law allows Texas' three largest cities to keep alcohol-selling businesses 1,000 feet from public schools, but every other city must accept the standard 300-foot barrier. And that doesn't sit well with Kandi Hubert.

"Why children in Houston, Dallas and San Antonio are entitled to a greater buffer zone between their schools and alcohol sales than are children in Balch Springs, Mesquite and the rest of the cities of Texas is a mystery to me," the Balch Springs city manager said.

The reason for the discrepancy is population. Though the state's alcoholic beverage code allows a city to impose the 1,000-foot buffer if a school board makes the request, the separate state education code says the protection can be offered only to schools in cities with more than 900,000 people.

Only Dallas, Houston and San Antonio qualify.

Balch Springs officials learned of the situation recently after the city began allowing beer and wine sales in stores.

After receiving a request from the Mesquite school district, city officials had been prepared to deny permission for a convenience store that would sell beer and wine near McWhorter Elementary, Ms. Hubert said.

"We had been told that we could impose a 1,000-foot restriction," she said. "Then we double-checked, and we were told no."

'Really no difference'

The discrepancy could be eliminated, however, if legislation before a Texas House committee becomes law. At least two bills, including one introduced by Rep. Bill Zedler, R-Arlington, seek to strike the population requirement.

"There's really no difference between big cities and small towns" when it comes to alcohol sales near schools, said Shannon Duffy, Mr. Zedler's chief of staff and legislative director. "It's no less of a threat to children in a large municipality than in a small municipality."

Mr. Zedler didn't write his bill to address the situation in Balch Springs, but Ms. Duffy said it illustrates the need for the change.

"It clarifies and cleans up the code," she said of the proposal.

In the meantime, City Council members in Balch Springs, which began allowing beer and wine sales last year, "have absolutely beaten themselves up" trying to find another way to push the sales farther from school property lines, Ms. Hubert said.

Council members have discussed special overlay districts. They've proposed requirements for special-use permits. And they've talked about zoning changes to restrict convenience stores from operating near other convenience stores.

Store plan advancing

In the end, none of the suggestions could prevent a store with an alcohol permit from being built just up the street and around the corner from McWhorter, Ms. Hubert said. The developer has already broken ground on the store.

"We're stuck," Ms. Hubert said.

For Dallas schools, principals generally ask the superintendent's office to request a 1,000-foot barrier if they foresee problems, said Jon Dahlander, a spokesman for Dallas public schools.

The superintendent can then ask the school board to petition the city for the larger barrier. The principals of the two Dallas schools nearest the Balch Springs border haven't noticed a problem or made such a request, Mr. Dahlander said.

Revenue boost

Ian Halperin, director of public information for Mesquite schools, said officials in his district remain concerned about the proximity of alcohol stores to its schools and have pledged to continue monitoring developments.

Although Ms. Hubert supports tougher restrictions on where stores may sell alcohol, she said the vote by residents last May to approve alcohol sales has helped the city.

"Beer and wine has been a very positive thing for our town," she said. "It has supplemented our income and is going to allow us to provide things for our residents that we couldn't before."