Torchy's Tacos on South Congress wants to serve alcohol; asks permission from city

AUSTIN, Texas - Torchy's Tacos wants to start serving alcohol at its location on South Congress, and it's urging the city of Austin to allow that to happen.

At first glance, the bar at Torchy's on South Congress looks like a bar, but it isn’t able to operate its bar with alcohol. That’s because of its proximity to Lively Middle School.

The Austin city code requires a minimum of 300 feet separation between a business selling alcoholic beverages and a school.

The current distance between Torchy’s Tacos and Lively Middle School is only 133 feet.

But city council can waive the distance requirement if it determines it’s not in the best interest of the public, creates hardship for the applicant, is not effective or necessary, or for any other reason.

The popular taco joint attempted to sell alcohol in 2016 when it first opened. But after it was met with concern from the community, it pulled its waiver request.

Now it's attempting to sell alcohol again.

Torchy’s shared a statement with FOX 7 Austin: 

"To offer a consistent experience as the other restaurants, with this new application, we have suggested a restriction of no alcohol sales when school is in session plus an additional buffer to consider after school activities, we are not open before school hours. This is an effort we hope will address the community concern related to child safety as well as viewing alcohol consumption during school hours, while allowing Torchy’s the opportunity to sell alcohol like its nearby counterparts."

"It's just down the block, there's wine bars, cocktail lounges, all sorts of stuff. So, I don't know why it would be different for Torchy's," said Austin resident Noah Beckage.

Alcoholic sales at Torchy's makeup as much as 15.7 % of revenue, according to the company.

Beckage is in support.

"Think it's a little strict, you know, it's hot in Austin. People are thirsty. I would like a drink walking by here," said  Beckage.

But many in the community still don't want alcohol served, like Lively Middle School mother Gretchen Otto.

"I'm frustrated that they are coming back around and doing this again, even though so many people in the community expressed opposition to them serving alcohol at this location," said Otto.

Otto says she’s afraid Torchy’s will no longer be a family-friendly place with the change, but rather a bar. 

"I don't think that we need to have more alcohol outlets along the stretch of South Congress. Adding more will have a detrimental impact on the students," said Otto.

And she’s not alone. Austin ISD wrote a letter opposing the waiver on Sept. 4, saying it believes alcohol sales near schools are not conducive to a positive and safe environment.

City council member of District 9, Zo Qadri, says he is voting no, citing AISD’s reasoning.

The waiver was scheduled for Thursday, but a decision has been delayed. The city council is expected to vote on Oct. 10.

In the meantime, the public is invited to voice their thoughts to the city. You can do that here.