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Lubbock City Council denies two alcohol-variance requests near school property
Summary
The City Council unanimously rejected two requests for 300-foot variances to allow wine-and-beer retail sales near school property, after hearing Lubbock ISD concerns and business-owner appeals.
The Lubbock City Council on Feb. 11 unanimously denied two requests for variances from the city’s 300-foot minimum-distance rule that would have allowed beer-and-wine retail sales within close proximity of a Lubbock Independent School District facility.
The requests concerned two separate locations: Lucky Mart 1 at 1550 30 Fourth Street (agenda item 6.6) and UN2 Mart No. 5 at 3311 Avenue Q (agenda item 6.7). Both variance petitions sought exceptions to City of Lubbock ordinance 2009-000060, which sets a 300-foot buffer between certain alcohol sales and school property. The council voted down the first request after discussion and later disapproved the second request by a voice vote.
Why it matters: Lubbock ISD officials told the council the variances would weaken protections designed to limit students’ exposure to alcohol. Rick Rodriguez, chief operations officer for the Lubbock Independent School District, told the council the proposed UN2 Mart No. 5 location sits on the same physical property as the Byron Martin Advanced Technology Center and urged the council to “prioritize the safety and the best interest of our students and community as a whole.”
Business owners said the permits were sought to avoid severe financial loss. Shyam Wagle, who identified himself as the owner of UN2 Mart No. 5, told the council his Dallas-to-Lubbock convenience store faces falling sales and possible closure without the alcohol permit. “I applied for the alcoholic permit, because our sales are suffering big time,” Wagle said. Sanjay Kumar Parekh, who said he has owned his business at the location since February 2002, also spoke in favor, saying economic pressures after the COVID pandemic have reduced food and daily sales.
Council discussion emphasized the ordinance’s safety purpose. A councilmember argued that granting one variance would set a precedent that undermines the 300-foot rule and said there were no “unique or compelling circumstances” justifying exceptions. Another councilmember said proximity—one location is about 30 feet from a campus—made approval unacceptable despite sympathy for struggling businesses.
The council took a voice vote on each item. For item 6.6 (Lucky Mart 1), a motion to approve the variance was seconded but failed on the council’s voice vote. For item 6.7 (UN2 Mart No. 5), the council voted to disapprove the variance; the presiding officer clarified that the vote being taken was a motion to disapprove, which carried.
The city staff report for both items identified the permit type as a Texas Alcoholic Beverage Commission wine-and-beer retail off-premise permit and cited the applicable 300-foot minimum distance provision of City of Lubbock ordinance 2009-000060. The transcript records no roll-call vote with individual member votes; results were announced by voice as failing/disapproved unanimously.
Looking ahead: The transcript does not record any immediate staff direction to return with alternate proposals or mitigation measures; likewise, the businesses may pursue other administrative or legal options outside this hearing.
