Oct 11, 2024 – AUSTIN, Texas — Austin leaders won’t bend the rules for Torchy’s Tacos on South Congress, putting the location’s future in doubt. City leaders denied a request that would allow the South Austin location to sell alcohol despite being within 300 feet of Lively Middle School. The “Minimum Distances Rule” in Austin prohibits alcohol sales within 300 feet of schools, hospitals, churches and day cares.
However, Torchy’s officials cited that several businesses in the area give away alcohol or allow people to bring their own in. Magnolia Cafe, which is directly across from the middle school, also sells alcohol.
During public comment, many people came forward asking city leaders to deny the waiver. Austin ISD sent a letter saying alcohol sales near schools aren’t conducive to positive and safe environments.
Torchy’s responded by saying it could ultimately shut down the location. “The cost of commercial rent on South Congress has skyrocketed in the past 10 years,” Torchy’s Vice President of Legal Jessica Kirker said. “Today will not sustain the future expense of operating on South Congress … if Torchy’s cannot justify the expense to operate, the location will have to be closed.”
“So you threaten to either close or to turn it into the wild, wild west with BYOB,” Austin Mayor Kirk Watson asked. “No threat, sir,” Kirker replied.
Torchy’s said the “likely alternative” is to turn the location into a “bring your own booze” establishment, which some city leaders later flagged as a loophole that needs to be examined.
Wheatsville Co-op’s waiver hangs in the balance
The Wheatsville Co-op near the Ann Richards School for Young Women Leaders brought the same question to city leaders. The co-op pointed to other businesses in the vicinity that were granted a waiver, but the city council postponed their vote on that waiver until later this month.
