Package Store FAQs
On May 8, 2010, Colleyville voters approved a proposition to allow off-premise retail (package) liquor store sales in the city. That local option election was the result of a citizen-initiated petition that was filed with the county clerk in accordance with the Texas Alcoholic Beverage Code. The number of signatures required was equal to or greater than 35% of the registered voters in the city at the time the petition was issued.
The Colleyville City Council will review and consider each package store application to ensure that these developments are in compliance with the requirements of the Colleyville Land Development Code.
Package Store Application Map as of June 10, 2011
Package Store Case Index as of September 2, 2011
What is a package store?
A package store is a retail outlet allowed to sell liquor (typically alcoholic beverages containing more than 14% alcohol by volume), along with beer and wine for the purpose of off-premise consumption.
Why are liquor (package) stores allowed in Colleyville?
Retail liquor (package) stores in Colleyville resulted from a citizen-initiated petition and a subsequent election. Neither the City Council nor city staff played a role in the petition or election process.
For - 2718 74.5%
Against - 930 25.5%
The petition was verified by Tarrant County election officials and placed on the May 8 ballot as a local option. Voters approved the initiative with 74.5% of the vote, allowing package stores to locate in Colleyville. The City Council's role at this point is to approve or deny a special use permit for each respective store, and they must do so within the confines of state law.
In anticipation of the pending local option election, on May 18, city staff presented a recommendation to the City Council to apply the SUP review process to the sale of alcoholic beverages at package stores. The City Council approved the change and will utilize the SUP process for each permit application. Based on the limitations contained in the Texas Alcoholic Beverage Code, the city is prohibited from instituting other restrictions on the sale alcohol at package stores.
What laws govern package store sales?
The sale of alcoholic beverages through package stores is regulated by the state of Texas. The state sets strict parameters by which cities may regulate package stores, i.e., the state stipulates a separation of 300 feet from schools or churches.
The state also restricts a city's ability to dictate the size of a specific package store. City regulations are not allowed to be more restrictive than state regulations, including any distance or separation requirements.
From the Texas Alcoholic Beverage Code:
Sec. 109.57. APPLICATION OF CODE; OTHER JURISDICTIONS.
(a) Except as is expressly authorized by this code, a regulation, charter, or ordinancepromulgated by a governmental entity of this state may not impose stricter standards onpremises or businesses required to have a license or permit under this code than areimposed on similar premises or businesses that are not required to have such a licenseor permit.
The sole exception to the preemption provisions in the Alcoholic Beverage Code is the ability to restrict package stores in residential areas as a result of a charter election. Colleyville can ensure that a package store meets all land development requirements-parking, site layout, building design, landscaping, and access, similar to any other retail commercial land use. The City Council may consider issues deemed relevant to any development in relation to the city's Land Development Code.
Can the city consider a moratorium on liquor stores?
The sale of liquor through allowing package stores in the city was voted on by citizens, therefore, a city-instated moratorium is probably beyond the city's legal jurisdiction and would likely result in legal ramifications as seen in other cities that have previously instated moratoriums in these matters.
Where can package stores locate?
In Colleyville, package stores are allowed to locate in the CC1-Community Commercial, CC2-Shopping Center and CC3-Highway Commercial zoning districts only with the approval of a Special Use Permit (SUP). They may also locate in a Planned Unit Development (PUD) zoning district with the approval of a Special Use Permit (SUP). They are not allowed in any other zoning districts.
What is a Special Use Permit (SUP)?
A Special Use Permit is a part of the city's zoning powers and grants permission for a specific use to occur on a property, provided the property is already located in the appropriate zoning district (see above). Many uses, such as an office building, are allowed to locate by right in certain zoning districts. However, uses allowed only through the approval of an SUP, as with package stores, require additional public consideration and allow the City Council to consider each SUP request on a case-by-case basis.
The process for obtaining a package store SUP is as follows:
1. Submit an application for a Special Use Permit (SUP) for a package store to the Community Development department. The application fee is $500.00. Application forms are available in the Community Development department on the first floor of City Hall, 100 Main Street.
2. The application is reviewed by the Development Review Committee, composed of representatives from relevant city departments, and a response is sent to the applicant detailing any development review comments and any additional information that is needed.
3. Once all required information is received, the request is then scheduled for public hearings before the Planning and Zoning Commission and City Council. All properties within 500 feet of the property where the proposed package store is proposed to be located are notified of the public hearings via mail by the city, and a public notice is also published in the Fort Worth Star-Telegram.
4. The City Council holds two public hearings, with the vote scheduled for the final public hearing. The City Council has the discretion to approve the SUP as submitted, attach certain development conditions to the SUP ordinance if approved, or deny the SUP.
5. If approved the package store is allowed to begin the next step(s) in the development process which may include platting, obtaining a building permit and certificate of occupancy.
Does an SUP have to be approved?
Special Use Permits are completely discretionary actions on the part of the City Council and can be approved or denied by the City Council based on specific conditions that affect the promotion of the community's health, safety, and welfare, in addition to the stated goals of the community as determined by the City Council.
Will there be any steps to prevent crime at package stores?
Although research on cities similar in size and demographics to Colleyville have not shown an increase in crime related to the arrival of package stores, the city of Colleyville has taken the proactive step of requiring all package store applicants comply with crime prevention recommendations, including store security measures, required staffing levels, proper visibility, and landscaping requirements to prevent and deter crime.
Each SUP request must address these crime prevention and security requirements and the applicant(s) will be required to provide security plans and any Crime Prevention through Environmental Design (CPTED) site design tenets. CPTED is based on the concept that proper design and effective use of the physical environment can lead to a reduction in the incidence and fear of crime. The goal of CPTED is to reduce the opportunities for crime, which are often inherent in the building design or layout of streets and neighborhoods. Finally, the Colleyville Police Department will be working proactively with the Texas Alcoholic and Beverage Commission (TABC) and business owners to ensure that any approved package stores continuously operate with the highest levels of safety in mind.
How many package stores are allowed in the city?
The city is prohibited from instituting a fixed cap on the number of package stores. The number of stores will be based on how many SUPs are applied for and then approved by the City Council. As part of the SUP approval process, each store will be reviewed on a case-by-case basis, with opportunities for citizens to provide input during the public hearing process.
Will package stores look like ones I've seen in other cities?
Colleyville has strict and specific development standards that are designed to retain Colleyville's unique community character. Like all other new businesses that locate in Colleyville, package stores will be required to abide by those same development standards, notwithstanding any additional standards imposed by the City Council as a condition of granting an SUP.
What are the hours of operation for package stores?
The state of Texas has strict control over the approved hours of operation for package stores. According to the Texas Alcoholic Beverage Code, package stores cannot sell, offer for sale, or deliver any liquor: on New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed on the following Monday. The city of Colleyville cannot preempt state regulations.
Who can I contact at City Hall for more information about package stores? You may call the Community Development department at 817.503.1050 or email rruthven@colleyville.com or ashelley@colleyville.com.