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Council grants variance allowing Tipsy Crab to sell alcohol near high school

Red Oak City Council · March 10, 2026
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Summary

The Red Oak City Council granted a 92.25-foot variance to allow on-premise consumption at a new Tipsy Crab restaurant near a school driveway; the owner pledged TABC training and security measures and the resolution passed 4-0.

The Red Oak City Council voted 4-0 to grant a variance that will allow a new restaurant, Tipsy Crab, to sell mixed beverages at a location close to Red Oak ISD property.

Staff said the request effectively transfers a previously granted waiver that had been associated with a different business and owner at the same location. The variance reduces the city’s 300-foot minimum separation from school property by 92.25 feet, as authorized by the city code provision cited on the agenda.

Oscar Gonzalez, who identified himself as representing the family-owned establishment, told the council he had signed the lease months earlier expecting alcohol service to be allowed and asked for relief from the separation requirement so the business could operate viably. Gonzalez said the restaurant intends to ensure staff are TABC-certified, to have security on premises in the evenings and to take precautions to prevent underage or excessive consumption.

Council discussion noted the longstanding nature of the site’s relationship to alcohol waivers (the location previously housed Fuzzy’s Tacos) and that the school district had historically been supportive if regulations were followed. One councilmember observed that state law treats distances from private schools differently from public schools, saying it is “300 feet for a public school, but 1,000 feet for a private school.” Staff recommended approval and the council adopted the resolution on a motion that passed unanimously.

What matters: The variance allows a business to operate with on-premise alcohol sales in a location city staff said has a history of similar waivers. Supporters highlighted local economic considerations; opponents did not appear at the hearing.

Next steps: City staff will complete any required paperwork associated with the resolution and the business will pursue appropriate licensing through TABC and other external agencies before beginning alcohol service.