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Business representative asks Arcola council for variance to sell alcohol near daycare
Summary
A representative for Intell Smoke and Daiquiris asked the Arcola City Council during public comment to grant a variance from the ordinance that bars alcohol sales within 300 feet of a daycare, saying the tenant has invested in the site and obtained a TABC license. Council took no immediate vote on the variance at the meeting.
During the public-comment period at the City of Arcola council meeting on May 13, a representative for Intell Smoke and Daiquiris asked the council to grant a variance to the city ordinance that prohibits businesses that sell alcohol from operating within 300 feet of a daycare.
Shereen Dahanie, introduced by the city secretary as speaking on behalf of the business, said the tenant signed a lease for 13630 Highway 6 in November 2022, invested in build-out, and obtained a Texas Alcoholic Beverage Commission license. She told the council the daycare operator in the same shopping center “is fine with a smoke shop also selling alcohol in the same center” and said denial of the variance would cause “a significant loss of revenue” for the business.
Mayor Williams and the council heard the request but did not take a final action on a variance during the meeting. The city secretary reminded speakers of the Open Meetings Act limits on council action for items not on the agenda. There was no motion recorded at the meeting to place the variance on a future agenda.
The request cited the city ordinance distance requirement (300 feet from a daycare) as the barrier to issuing a certificate of occupancy permitting alcohol sales; the speaker said the tenant has already paid rent and begun paying property taxes. The council did not vote on the variance at this session; any future consideration would require the item to be placed on a later agenda.
