Three Mexican Restaurants Now Approved for On Premises Beer Consumption

February 1, 2013
Dwayne Page
Pablo Gonzales of Chabelita and Alfredo Villa of El Rancho

The Smithville Beer Board Thursday night granted applications from three Mexican Restaurant owners for on-premises consumption permits.

City Secretary-Treasurer Hunter Hendrixson, who presided over the meeting, said that all three businesses, El Rancho of 1101 West Broad Street, Mercadito Chabelita Restaurant of 408-A East Broad Street, and Los Lobos of 106 East Broad Street meet all requirements including the minimum distance of 400 feet to schools, churches, and or other places of public gatherings. "El Rancho is located fairly close to the high school so I had Phillip Gotro go out and shoot a line, front door to front door since it must be 400 feet or more. He had it at 756 feet so it exceeds well over the 400 feet (minimum requirement). I have a certified surveyor letter from him,"said Hendrixson.

City Beer Board member Annette Greek asked Hendrixson to read the regulations in the beer ordinance as they relate to "on- premises consumption permits"

Hendrixson, reading from the beer ordinance, said that "To qualify for a Class 1 On Premises permit, an establishment must, in addition to meeting the other regulations and restrictions
(A) Be primarily a restaurant or an eating place; and

(B) Be able to seat a minimum of thirty people in booths and at tables, in addition to any other seating it may have; and

(C) All seating must be part of the premises. In case of any outdoor seating, the outdoor seating area must be accessible from the inside of the restaurant or eating place and the outdoor seating area must have some type of enclosure around it, such as a wall or fencing; and

(D) In addition to the requirements of subsection 8-210(1) (a) through (c), the monthly beer sales of any establishment which holds a Class 1 On Premises Permit shall not exceed fifty percent (50%) of the monthly gross sales of the establishment. As used herein, the term "gross sales" means all retail sales of the permit holder plus any applicable taxes. As used herein, the term "beer sales" includes all retail beer sales plus any taxes applicable to beer sales"

Hendrixson added, "basically what its saying is it (ordinance) prevents bars from opening up everywhere. Its saying your beer sales can't exceed your food sales. But I don't think that's going to be the case for any of these three applicants," he said.

City Beer Board members Annette Greek, Steve Hayes, Farron Hendrix, and Alderman Danny Washer all voted to grant the three permits. Member Lloyd Black was absent.

The Smithville aldermen in December changed the city's beer laws to allow eligible restaurants to have an on-premises permit.

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