Wheatsville Co-Op customers can drink alcohol on-site after City Council approval

Customers at Wheatsville Co-op on South Lamar will now be able to drink alcohol on-site after the Austin City Council granted a distance waiver. City code requires 300 feet between a business selling alcohol and a school.

According to a map submitted to council, the backside of Wheatsville Co-op is 180 feet from the fence line at Ann Richards School. 

Wheatsville general manager Bill Bickford told City Council that since 2013, customers have been able to buy alcohol, but drink off-site. With the waiver, they can drink in the dining area, like at Whole Foods and Central Market.

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"Granting this additional waiver would not change how alcohol is purchased at Wheatsville. We are not opening a bar. Individual drinks would go through checkout just like any other grocery purchase where the shopper is carded," Bickford said.

He says students are recognizable because of their uniforms, and parents use the store as a pick-up point.

"This allows us to place increased emphasis on their safety and comfort while also making it essentially impossible for them to purchase alcohol without it being immediately obvious to our staff," he said.

Austin ISD opposed the request, as well as a waiver request from Torchy's on South Congress last month.

Torchy's said told City Council in that meeting that without a waiver, they might start BYOB. Council denied the request. The city's legal team said in that meeting that businesses near schools already selling alcohol may have started before that city code was implemented, or they have a waiver.

Texans for Safe and Drug-Free Youth opposed the waiver for Wheatsville, asking Council to help prevent underage drinking.

"It is not about the business itself. It's not about Wheatsville. It's about whether we as a community are going to have a consistent healthy policy that says we will have alcohol and drug free zones for our kids," Nicole Holt, CEO for Texans for Safe and Drug-Free Youth, said.

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The waiver for Wheatsville passed 6-5.

"Much better than the Torchy's presentation," District 4 Council Member Chito Vela said. "I completely trust that Wheatsville will be a responsible steward of this waiver, and most importantly it does help them maintain their economic competitiveness, host events."

Mayor Kirk Watson, Council members Mackenzie Kelly, Vanessa Fuentes, Alison Alter, and Ryan Alter voted no. While Council Member Natasha Harper-Madison voted in favor, she brought up teaching kids early on about how to interact with alcohol.

"I think we really need to make some serious investments in catching kids while they're young," she said.

Torchy's released the following statement:

Torchy’s Tacos is very happy to hear the City Council approved the alcohol sales waiver for our friends at Wheatsville Co-Op.

However, we are very disappointed in the inconsistency of the City Council and Mayor’s decisions regarding the waiver approvals. City Council denied the same alcohol sales waiver for Torchy’s Tacos less than a month ago on October 10th, 2024, despite Torchy’s working closely with the community and directly addressing their concerns in the waiver application.

We proposed a restriction of no alcohol sales when school is in session plus an additional buffer to consider after-school activities, Torchy’s is not open before school hours. This was to address community concern related to child safety and any viewing of alcohol consumption during school hours. The proposal would have allowed Torchy’s the opportunity to sell alcohol like its nearby counterparts, during non-school hours and weekends, and allowed us to remain competitive in a challenging market.

Torchy’s Tacos looks forward to being part of the South Congress community at our flagship location. We will continue to find innovative ways to give the community, and visitors the Torchy’s Taco experience they are looking for and keep us competitive in a challenging market. Torchy’s renovated the South Congress location to preserve the iconic architecture and historical landmark where the beloved Fran’s Hamburgers once stood.

Our hope is that South Congress and all of Austin will continue to find ways to support our local businesses. And that city leaders provide consistent and fair rulings on important community and business initiatives that improve our city for our neighbors and visitors.