Bangs ISD asks city council to rescind sale of beer,wine variance granted to two stores

A recent action by the Bangs City Council has led to conversations with the Bangs Independent School District Board of Trustees. Bangs voters, by election, passed a ballot item May 5, which now allows for the sale of alcohol in the city. The city council met May 21 and voted to pass an ordinance prohibiting the sale of alcohol within 300 feet of any public school, church or daycare. However, on June 11, the council granted a variance, or exception, to Food Plaza and Allsup’s, both of which are within that 300 foot zone. Bangs ISD Superintendent TonyTruelove discussed what these variances mean for the district. “It means we are selling beer and wine next door to us,” Truelove said. “There is zero distance between them and us.”

Truelove said he agrees with the system that allowed for the passage of selling alcohol in the once-dry town. “I am in favor of voters deciding on what in this town. I am fine with that. This is a democracy. We promote that and teach it in our school system. I am not worried about the employees at Food Plaza and Allsup’s. I believe they will uphold the law and prohibit kids, minors, from gaining access to alcohol on their properties.

The Bangs City Council called a special meeting this week to allow Truelove and the board of trustees to voice concerns regarding the variances to the two convenient stores. “We talked for a good 50 minutes and I appreciate them”, Truelove said. “Safety came up. Economics came up. There were several good points made by everybody.”

Shortly after that council meeting the board of trustees met and unanimously passed a resolution. “The board adopted a resolution asking the city to reconsider and not grant variances within 300 feet and if they have, to rescind those variances.”

Truelove gave one reason for concern. “We are worried about our 10 and 11 year-olds gathering at Food Plaza. I am not picking on Food Plaza, but they are closest to us. I don’t want them to see every morning and evening beer and wine being loaded up. I think alcohol should be left to the parents to teach these kids.”

Another concern relates to football season. “When we have a parking lot full who are visitors and they go get a 12-pack, they cross the boundaries and step on our property, they have broken the law,” Truelove said. “We don’t have a resource officer and we currently have a police force of one. Enforcing the laws on Thursday and Friday nights is going to be an issue to me. I worry about this turning into a tailgate scene. I worry about people slipping out at halftime and drinking alcohol and going back into the game.”

Truelove did say that he does recognize both sides of the issue, but his concern is for the students in Bangs ISD. “The point can be made that people can drive and get alcohol anywhere,” Truelove said. “I understand that, but I am not talking about anywhere. I am just talking about right next to our property and forcing it on our children and parents and our people having to deal with something they have not had to deal with before that could potentially become a safety issue.”

A post was made on the Bangs ISD Facebook page informing parents of the current situation. The following is the June 19 post in its entirety: “On May 5, voters in the city of Bangs voted to allow the sale of beer and wine within the city limits. Texas law allows the city to refuse to allow businesses to sell any alcohol within 300 feet of public school property. On May 21, the city council adopted Ordinance 2018-11, which did just that. Then, on June 11, the City of Bangs granted variances (waivers) to their newly past ordinance and allowed the two businesses that are closest to Bangs Middle School and Bangs High School to sell beer and wine. Both businesses are within the 300 foot barrier.
After learning about this and expressing concern and serious reservations regarding the safety and well-being of our students to the mayor and some council members, the council was kind enough to grant us an audience on Monday, June 18. Eric Lykins, parent of two B.H.S. students and school board president, spoke to the council on behalf of other parents and community members. Bangs I.S.D. superintendent Tony Truelove spoke on behalf of Bangs I.S.D.

After the meeting on June 18, Bangs I.S.D. board of trustees met for their regularly scheduled meeting followed by a special meeting. During the special meeting, the board adopted a resolution asking the council to rescind any variances to the 300 foot buffer and not grant any in the future. Bangs I.S.D. will also attempt to block sale of beer and wine from these establishments by protesting to the T.A.B.C.
Bangs I.S.D. feels it is important that our taxpayers, parents, students, employees and all other stakeholders know what steps we are taking to ensure the safety of our students. Although the local economy is important to all of us, we do not feel the opportunity to generate more tax dollars is nearly as important as the health and well-being of our students. You are encouraged to express your opinion to the council or mayor.

Eric Bishop, Mayor – Mobile/Text: 325-998-6666 mayor@cityofbangs.org
Marisa Craddock, Mayor Pro Tem – Home: 325-752-6282 Mobile/Text: 325-998-5282
Toby Bowers – Mobile/Text: 325-203-0419
Carrol Wells – Work: 325-646-7017 Mobile/Text: 325-642-2479 carrolwells@gmail.com
Waymond Sheppard – Mobile/Text: 325-642-5152
Danny Marney – Mobile/Text: 325-217-5103”

A follow-up post was made earlier today: “We would like to thank all stakeholders that have weighed in on our page. I would like to share a few more facts and thoughts:
FACT-There is NOT a state law that prohibits sale of alcohol within 300 feet of schools. Only city councils and county commissioner’s courts can do that. Bangs city council adopted Ordinance 2018-11 on May 21 to legally establish where alcohol could and could not be sold. At that time they established a 300 foot barrier around BISD property.

FACT-The 300 foot is measured from property line to property line for schools.
From Texas Alcohol Beverage Code:
The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be:
(1) in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections;

FACT-Variances were granted by the Bangs city council to Ordinance 2018-11 on June 11, thus allowing sale of alcohol within 300 feet of BISD property.

OUR THOUGHTS
1. We greatly respect the Bangs mayor and council members. They have a difficult job and we will respect and abide by their ultimate decision. Our primary goals are to inform parents about what has happened and to encourage anyone that has an opinion to share with council members.
2. We respect voters’ rights to have alcohol sold inside city limits. This is a democracy and the people have spoken. We teach the principles of democracy to our students and we fully support civil liberties and the power of the vote.
2. We have great confidence in the businesses that border BISD property and their employees. We are confident they will uphold the law and not allow minors access to the alcohol on their properties.

HOWEVER
We are concerned about any and all potential problems that may arise during home football games on Thursday and Friday nights. We do not want the school parking lot to become the site of tailgate parties. We have always been and are even more concerned now about fans leaving the stadium during halftime of varsity games or between sub-varsity games, drinking alcohol in their vehicles and returning to the game(s). We do not have district police officers and the City of Bangs currently has a police force on ONE. Was it possible for these things to happen before? YES. Does this make it more convenient now and potentially more prevalent? YES.

We are also aware that many of our youngest children ages 10-14 “hang around” these establishments before and after school and late in the evening when activity buses arrive back at Bangs Middle School. These are popular places for parents to pick up their children because they are well lit and have been safe in the past. Without going into all of the possible scenarios, we are just worried about the potential risks involved when young children are exposed to this new environment.

Finally, we would like to model civil discussion. We hold no animosity towards any businesses in Bangs or to the city and it’s mayor and council. As Americans, we need to be able to respectfully express our views about controversial and complex issues without name-calling or denigrating one another. Our children are watching our behavior, so let’s give them a lesson in civility. I pray God’s blessings on each of you.”

Bangs Mayor Eric Bishop gave a background on the council’s actions. “A large part of our discussion regarding the ordinance was not only was the council putting in guidelines as far as the distance from school and churches go, but a mechanism was also put in place that would allow the council to grant a variance for any reason.”

Other considerations were given. “I believe that the council not only considered where they stood on the ordinance, but considered what we knew would come,” Bishop said. “And that is the fact that we already had an application from one of the businesses within the 300 feet.”

With the way the ordinance is written, the council can control future situations. “The upside to the overall ordinance is that the council holds the prerogative as to who and who will not be granted a variance, Bishop said. “And, there is that trust that Food Plaza and Allsup’s are going to go above and beyond with the understanding that they are next to a school.”

Bishop pointed out that beer and wine sales can have a positive effect on not only sales tax allocations, but property taxes as well, as current businesses could consider expansion, while new businesses could become interested in opening stores in the area.

 

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