AUSTIN, Texas – In a recent city council meeting, the Austin City Council voted against a request from Torchy’s Tacos to waive a distance requirement that prohibits the establishment from serving alcohol due to its proximity to a school. The Torchy’s location on South Congress is located diagonally across from Lively Middle School, igniting concerns from parents and community members.
During the meeting, parent Gretchen Otto expressed her worries over the potential impact of alcohol sales on students at Lively Middle School. She stated, “I’m asking you to keep additional alcohol sales away from the school and away from Torchy’s. It’s uniquely positioned to be especially impactful to the students at Lively because they have outdoor seating and an outdoor bar that is literally in the direct line of sight of students.”
This is not the first time Torchy’s has applied for such a waiver. Back in 2016, they withdrew their request after hearing concerns from local residents. In this latest application, Torchy’s proposed to limit alcohol sales while school is in session and during after-school activities as a compromise.
If the waiver was denied, Jessica Kirker, the Vice President of Legal for Torchy’s Tacos, noted that they might have to look for alternatives. One potential option they are considering is shifting to a bring your own beverage (BYOB) model, which would come with fewer restrictions regarding alcohol consumption times. Kirker pointed out, “If Torchy’s cannot justify the expense to operate, the location will have to be closed.”
The city has seen several businesses along South Congress close, including the Mi Casa Gallery retailer. Kirker argued that the ability to sell alcohol is vital for keeping operations viable. “If I can’t afford to be someplace because I’m not selling enough food, how does it help me to give away alcohol?” they stressed during the discussion.
Austin’s Mayor Kirk Watson expressed concern over the future of Torchy’s, asking whether their threat to turn the location into BYOB was genuine. Kirker responded by clarifying it wasn’t a threat but an acknowledgment of the ongoing challenges they face.
Another Council Member, Chito Vela, raised questions about how nearby businesses are allowed to sell alcohol while Torchy’s cannot, noting that prior licenses or waivers would explain the discrepancy.
Following the council’s decision, Torchy’s Tacos issued a statement expressing disappointment over the denial of their alcohol sales waiver. The statement highlighted that alcohol sales are allowed at other venues on the same street and emphasized their efforts to accommodate community concerns through proposed limitations on sales hours.
In their statement, they mentioned, “Since renovating and moving into the iconic space that was once the home to legendary Fran’s Hamburgers, we have been honored to be part of this community and have always strived to provide a family-friendly environment, just like all our other locations.”
They also reflected on the shifting landscape of South Congress, mentioning that many beloved local businesses have already closed down, only to be replaced with high-end retail outlets or chain restaurants. They expressed hope that the waiver would secure their future in the community, noting their commitment to responsible business practices amidst the challenges of rising costs in the area.
While the denial of the alcohol sales request signifies a setback for Torchy’s, they remain ready to explore new avenues to provide customers with a memorable experience at their South Congress location. The ongoing dialogue with community members reflects their dedication to maintaining a positive relationship with local residents.
Additionally, the Wheatsville Food Co-op on South Lamar, located near the Ann Richards School, has also sought a distance waiver for alcohol sales, but their hearing has been postponed to October 24.
As the city continues to evaluate business regulations and community needs, the future of Torchy’s and other local establishments remains closely watched by residents and city officials alike.
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