Daingerfield City Council tables vote on alcohol variance request

The Daingerfield City Council heard a request for a variance to the distance requirement for a beer and wine permit at their November meeting.

Mark Priestner, who was representing Saaa Shelk, presented his client’s proposal to the council, asking for a variance to be granted for Rite Track #15, located at 1304 Linda Drive. “The Texas Alcoholic Beverage Commission gives local governments the ability to set the distance requirement for beer and wine sales near schools. The TABC also grants those governments the ability to grant variances to those requirements for any reason they see fit,” said Priestner.

The property in question is located across from South Elementary, and sits within the parameters set by the City of Daingerfield. Daingerfield Mayor expressed the council’s reservation on issuing the variance, saying, “Not only is it across from a school, but it is across from an elementary school.” Not only is the elementary school directly across the street, but Daingerfield High School is just south of the location, across Highway 259.

The building, which currently sits empty, is of interest to Shelk for its location on Highway 259. Priestner explained to the council that, due to its location, his client is interested in purchasing the building. Shelk then plans to renovate the property and increase the curb appeal and functionality. All of this, however, is contingent on receiving the variance from the city. “My client would be at a disadvantage if he is unable to sell beer and wine in this location,” said Priestner, who added “We would be willing to move the building back, yet still leave a tree line between the back of the property and the adjacent community.” Currently, the property reaches to Franklin Street.

Priestner felt there would not be an issue of children coming in and buying alcohol, stating that TABC would be extremely strict due to the location. He also stated that, with the decline in the number of children walking to school, he did not believe it would be an issue of children coming into to establishment. Councilman Mike Carter disagreed with Priestner, stating, “There are more kids than you think going into that store,” adding that students would likely be frequenting the store after school, especially before after-school activities.

The council discussed some positives to granting the variance, including the fact that it would mean one less empty building in the city. The beautification process that Priestner stated would occur during the refurbishing of the property, as well as the added tax revenue were both positives that were discussed.

After much discussion, Carter made a motion to table the item until the December meeting, when two absent council members could be present. The motion was seconded by Lonnie Tucker, and passed unanimously.

Priestner is set to return to the city council on Dec. 12, with a potential site plan stating possibilities for the property if the city grants the variance.