West University Place will be serving alcohol at the recreation center on Aug. 19 during the Harris County Mayors and Councils Association meeting.
Council approved three-to-one a resolution authorizing the consumption and sales of alcohol during their regular meeting, following an earlier special session discussion Monday night.
Mayor Bob Kelly, Mayor Pro Tem Bob Fry and Councilmember Chuck Guffey voted in favor of the resolution. Councilmember Steven Segal voted against the resolution. Councilmember George Boehme abstained from voting.
Fry said the Harris County Mayors and Councils Association meeting is held every month and is typically held at a restaurant. West U is hosting the August meeting and he thought it would be a good idea to have it at the new rec center.
The catered event would be cheaper than holding it at a restaurant and would be an opportunity for the city to showcase their new center, Fry said.
“We have excellent facilities and that’s something we want to advertise,” Guffey said.
The waiver for the ordinance would only allow the consumption and sales of alcohol for the Aug. 19 meeting. It would not include any other city building.
City Manager Michael Ross said the food and beverages would be donated and planners were thinking of having a Mexican dinner theme, including enchiladas, beer, wine and wine-based margaritas.
Ross told council that he preferred not to disclose who would be donating the food for the event until after it was finalized.
Kelly told council the city was seen in a negative light for Edloe Street Café’ and Deli as their concessionaire for Colonial Park Pool and he hoped they would reach out to other vendors for the Aug. 19 event.
West U City Council approved Edloe Street Café’ and Deli as the concessionaire for Colonial Park Pool during its April 12 meeting. Edloe Street Café’ and Deli, owned by Councilmember George Boehme, was the only business to bid on the Colonial Park concessionaire contract.
To avoid any possible conflict of interest, Boehme left the council chambers during the discussion about Edloe Street Café’ and Deli and abstained from voting on the alcohol waiver during the regular session.
“We came under criticism about Edloe Deli being the concessionaire at Colonial Park,” Kelly said. “Edloe Deli is not the sole concessionaire for the entire city.”
The city receives 28 percent of the gross receipts from the concession at Colonial Park Pool. Kelly said the city should see if other businesses would be willing to give the city 28 percent for their services.
“We didn’t talk to Little Matt’s; we didn’t talk to Tiny Boxwood,” Kelly said. “I’m concerned with how West U citizens are perceiving us.”
Ross said the city uses their concessionaires if they meet the needs of the city and does not use Edloe Street Café’ and Deli for everything.
“We need to broaden the field because that’s where we got criticism before,” Kelly said. “With a council members business involved, it looks better.”
I am concerned about all the alcohol now available or about to be available in West U.
1. Mathews Market has adult margaritas for a “donation.” I was there one recent afternoon when an older woman was having her third one and was cursing in front of my two year old. Is this what we really need right across from our beloved elementary school?
2. The new Tiny Boxwoods may serve alcohol. All it will take is a drunk driver hurting one of the many children who walk in the area and then sue the city.
3. Now our mayor wants alchol at this event. Is this what our taxpayers want from our public servants.
I’m a concerned west U resident and am alarmed what is happening. We sould all bring this up at council meetings. I hope the mayor and the other council members take note or otherwise I’m sure they’ll soon be voted out.
As we debate over the alcohol permits, we need to at least be proactive about the amount of foot and auto traffic on Edloe. I agree with the one response about blocking off the section of Edloe between University and Rice. It is just a matter of time before a child is stuck by someone’s vehicle. The traffic and pedestrian traffic is already a problem, without adding alcohol to the mix.
What about speed bumps on Edloe between University and Rice? They are annoying but they work.
Andy,
Let me first respond to your alchol comments. The City has received several request to allow alchol to be served at events in City facilites. As a result, it was decided to use the upcoming Harris County Mayors/Council dinner to be held in West U as a test to see how it would work and what controls would be needed. Rest assured that this is only a test and that the City ordinance that prohibits alchol on City property is still in effect. I would request that readers let me know their feelings about this issue of alchol for certain events in City facilities and what controls they would like to see in place.
As to Edloe Deli, it was my opinion that when the City needed to have food service for a City event that several local food businesses be contacted to see if they were interested in the work rather then just calling Edloe Deli to do it. I want to make sure that since Edloe Deli was owned in part by a sitting Council Member that the selection process of selecting the food vender would not be seen as sending City food business to a Council Member’s business without first seeing if other food businesses were interested in biding on the work. It is difficult for the City to be doing business with a buiness owned by a City Council Member, and thus the City should at all times keep more then an arm’s length from Edloe Deli in considering them for City work.
What is your opinion on keeping establishments around the school dry?
When I grew up in West University Place in the 1940s, any suggestion of alcohol consumption at the pool, etc. would have brought some strong comments by West University Baptist Church. I think Mayor Kelly must have confused typing a message with texting a message.
Sorry about typo errors. Still trying to figure out my Blackberry.
What are your thoughts about keeping it Dry around the school and why? Be happy to meet with you on this important issue. Also, the perception that our citizens have of Council concerning self dealing is very important.
I also think that other local restaurants should have been included in the bidding. As for alcohol near the school it should not be allowed in on adjoining eatery and not another. I think it has something to do with grandfathering, but it just seems a little strange that two doors down Edloe serves alcohol and MM can’t.
Tiny children walk all over our great town. Are we going to ban alchohol everywhere? Let’s just make sure that the small number of establishments that have liquor licenses in West U are being good citizens and not overserving patrons.
That lady who was swearing after a few drinks — I have a sneaking suspicion that it probably doesn’t take much to make her swear after a few sips of water. Don’t try to draw a line to her drinks to explain her behavior. Maybe she had been in the sun too long that day or had a tough day at work or was sick of hearing about the oil spill. Who knows.
This citizen has no problem if responsible adults enjoy their adult beverages in moderation. I can’t stop people from getting drunk in Bellaire and driving over me here in West U any more than I can stop someone from getting drunk in the 3700 block of West U and running me over. It’s all the same.
re: the Deli — I am SHOCKED that absolutely no other establishments bid for the concession. But, this is Year 1 and perhaps other restaurants weren’t sure about the cost/process/whatever. Edloe has done a decent job, people seem to like the food, the prices are high of course but people are spending so it can’t be too high. Open it back up to bid next year and let the best bid win.
As a relative newcomer to West U let me offer some perspective to long-time residents. This city government is better than the vast majority I’ve seen (sample size: seven US cities). Folks, stop complaining–these guys are more collaborative, communicative, and caring than most others. The guy is actually asking what we think — and responding to our thoughts. How many other “politicians” do that (without a PR flunky running interference)? Keep an open mind and enjoy the debate with your elected officials — I really think that they want to do good.
Mayor, in a large city self-dealing shouldn’t happen, but in a small town like ours it’s not surprising to see that a community leader/entrepreneur is also someone who sits on City Council. Ambitious/driven people are going to be in the public eye. So, while the perception of Edloe Deli getting the concession stinks, if there REALLY were no other good bids then let it be. At the end of the day, Coucil should be focused on getting the best combination of quality food at the lowest price for the concession stand.
Why on Earth must there be alcohol at the Harris County Mayors and Councils Association meeting? Can’t our city officials wait to get home to have a drink? Funny to hear them justifying an exemption for themselves. Hopefully no important decisions will be made at this “meeting” while city officials are under the influence.
I, too, am concerned about the distribution of alcohol across from the school and scout house, where many children are running, biking, and crossing mid street on Edloe often unspervised.
It’s a dangerous situation for children and the attentive driver.
It’s unclear to me how a permit or license to distribute alcohol [too near a school was obtained].
Per West U’s Code of Ordinances at [http://library7.municode.com/default-now/home.htm?infobase=14072&doc_action=whatsnew]
“Sec. 10-6. Sale near church, school, hospital.
It shall be unlawful for any alcoholic beverage dealer to sell or engage in the business of selling any alcoholic beverage within the city, where the place of business of such dealer is situated within any regulated area measured from any church, public school or public hospital. The regulated area is the maximum area allowed to be regulated under V.T.C.A., Alcoholic Beverage Code ch. 109. Measurements and other provisions applicable to such regulated area shall be as prescribed in such chapter 109.
(Code 2003, § 4.006)
Sec. 10-7. License to manufacture, sell, etc.
Within the city, no person shall manufacture, sell, distribute or store any intoxicating liquor, malt liquor or other alcoholic beverage, or engage in any other activity with relation to the same for which a permit is required by the Texas Alcoholic Beverage Code, without first obtaining a license so to do from the city. The fee for such license shall be an amount equal to one-half the permit or license fee charged by the state under the Code. This section only applies to the extent that state law allows the city to require a separate license and collect the fee.
(Code 2003, § 4.007)
It might be interesting to know who else bid to provide this service. I would think WU did not get many qualified bidders because of the uncertainty of the venture. Edloe Deli is a known entity in the community and appears to be good fit. If you were paid a concession to set up shop or given a guarantee by the city, it would certainly be a self dealing issue. However, losing $100 a day to operate while you wait for good westher and try to figure out a good business model is the way real business works.
It would appear that George has missed the mark on my comments. I have made no accusations of impropriety as to Edloe Deli. To the contrary, I stated several times Monday night that Edloe Deli was a very good West U business.
George is correct that the Council did vote unanimosly to give the sole food concession at Colonial Park to Edloe Deli. The reason I voted for such action was that Edloe Deli is a very good West U business, it was the only business to bid on such food business (other local restaurants said later that they did not see the notice of the bid placed by the City in a local newspaper and had they seen it they might have placed a bid), and there was not enough time to reopen the bids and still have a food concession at Colonial Park for the month of June.
The point I did make at Monday’s Council meeting on this subject was that it was my opinion that the City should, out of an abundance of caution, maintain more than just an arm’s length distance in dealing with a business owned in part by a Council Member so as to prevent any appearance of a possible impropriety and or self dealing. Thus, as was done with the granting of the concession of the food business at Colonial Park, it is my opinion that notice should be given to several restaurants so they will have a chance to bid on the business, and not as was done by staff here only offer the business to Edloe Deli.
It is part of my duties as Mayor to act on such matters and suggest reasonable approaches to Council.
I also would like to hear from readers on this matter, and all can reply to me at bkelly@westu.org.
A few more comments.
I feel alcohol near the school is a bad idea. ALmost all cities have this type of ordinance. If tiny boxwoods is allowed to sell alcohol and Mathew’s market gives away adult margaritas, there are potentially drunk drivers on the street right across from our school. I moved to West U for the family friendly nature of the neighborhood. I agree with Brokelyn tht adults should be allowed to drink responsibly. But this is at their homes or at establishments not near school zones. We do not allow texting on our school zones but are going to allow people to drive home who had been drinking. I think this is riduculous.
Matthews market is a great establishment that my wife and I and daughter have really enjoyed. I just do not understand when on the one hand, Jim Reid has created an extremely kid friendly etablishment, but on the other he feels he must have alcohol for a “donation”. I’m sure he has enough profit from his other products, and the adults who have to have alcohol can have it at home or other establishments not in school areas. I’m sure many of you agree on this and please speak up before tiny boxwoods gets its alcohol license.
Love to hear other residents’ thoughts on this important matter.
Much ado about nothing. Who cares if the council members have a drink at their meeting. Go for it! Seems like the city has managed itself pretty well considering our high property values and plethora of city services rendered. Go live in the City of Houston if you don’t like it here.
If the concession bid was advertised like all other city bids, then thanks to Edloe Deli for responding. Maybe if we support the concession, and Edloe St. Deli is profitable, then when the bid is up for renewal the city will have more choices.
And I’m glad I have choices within walking distance in West U to go to dinner and have a drink. I think we need to worry more about people driving while texting or talking on the cell phone, as that poses a greater risk to pedestrians around West U than the few who have a drink at Little Matt’s, Edloe St. Deli or Tiny Boxwoods. I continue to see drivers breaking that ordinance and would be curious as to how often that ordinace is enforced.
West U is a great place to live, and getting better as more dining choices are becoming available to us with the confines of our city limits. If this is all we have to complain about, then we’re doing well.
I can’t believe any of this. One, you knew you wanted a food business at the pool but you didn’t get on it til when? Had you have really pushed it out there, you might have found other small businesses ready to give it a bid. Timing is important. Also, why would you allow alcohol across from a very well attended school. Small children are always there ….walking, riding a bike. What is the city thinking? Edloe deli is ok but its not the best. Its very expensive for some ..actually overpriced would be a good choice of words. They are there, let them finish what they started for this season. If they lose money, thats the way it happens sometimes. Allowing the business that bought jmh to serve liquor is absurd. I think the same way as the other person, one person gets drunk, sues the city, then who ends up paying????Enforce the rules and the ordinances in place. Keep it a safe town. There are too many people, especially adults who overindulge and don’t know when to stop. It only takes one time.
I am stunned that the City Council would even consider granting a liquor license to a business right across the street from an elementary school and Scout House. Has Council lost its mind? That’s why we have laws restricting the sale of alcohol near places where children go to school and play. To go out of our way to allow alcohol sales near the school and Scout House is absolutely insane.
Personally, Mayor Kelly, I think you are on the right track. Councilman Boehme, it was the ethical thing to do to abstain from the discussion and the vote and to not be present for the vote. I have neither read nor heard anything indicating the contract to Edloe Deli at Colonial Pool was improper. Surely, Mr. Boehme, you can understand the sensitive nature of the city council, on which you sit, awarding contracts to restaurants since you are the owner of one in our city. While we are happy there are drinks and food available for purchase at the pool, it isn’t surprising that this venture is losing money. To my knowledge the previous individuals who provided refreshments at the pool over the past 10 years or so often had limited weekend hours during the summer season due to the lack of profitability. Please don’t whine about it. That’s the risk you chose to take and perhaps why no one else submitted a bid.
A clear, solid reason why Edloe Deli should be disqualified is not clear to me. If there exists such a reason, then it should be stipulated. (For example, nobody has indicated that there exists a voted-upon rule which stipulates that businesses operated by Council Members may not be considered.) If there does not exist any such reason or rule, then Edloe Deli should be allowed to submit a bid to provide concession like any other such business. No?
If there is a bidding process and everyone has an equal chance then there is no impropriety. You have a valid contract so tell the belly achers end of discussion.
You either have a edict that says no council member can do business with the city or you don’t.
We are too small a city to be excluding our home businesses.
I support you 100%.
I actually like having eloe deli at the pool. They need to add an additional line though. One for drinks and snacks and one for food. It takes to long when it is busy at the pool. The bid process seems totally above board and I am fine with that too. George you need to add a smaller cheaper burger for the kiddos. To big and to expensive are the current burgers. Finally as far as alcohol is concerned. I think Matthews and tiny Boxwood should have liquor licenses. Lighten up people, I think People can manage their intake and the businesses are very cognizant about not over serving.
A follow up comment. I also think that summer jobs should be available at the pool concession stand for west u teens. I am fine paying edloe deli prices when I go to the deli. At a community pool built with our tax dollars i think the food should be cheaper. Take a look at how fast, efficient, cheap , and high quality the food is at the west u little league concession. I know all the parents volunteeer there, but a model along thoose lines could be effective.
Dear Mayor Kelly and council memebers,
I feel enough west u residents have concerns about establishments service alcohol right across the school. Could we please set up a special council meeting where this can be discussed?
Mr. Kelly, it might be a good time to exam yours and West U’s priorities. Mr. Boehme the prices are too expensive for a snack / concession at a neighborhood pool. I don’t care if the city gets 100% of the profits. This is NOT the Briar Club. Neighbors, this might be a good time for us all to sit up and take closer notice to what is going on now that will affect the future of the city. If we are not happy let’s make some changes during the next election or in the mean time let’s attend the council meetings.
The Council will be voting on Aug 9th as to the alcohol permit for Tiny
Boxwood. Come, sign up to speak, and make your thoughts known to all of Council. Your opinions are very important to Council.
Again, let me state that the matter discussed at last Monday’s Council meeting had nothing to do with Edloe Deli’s contract with the City at Colonial Park. That contract award was handled perfectly proper. The matter Monday night had to do with City Staff only asking Eloe Deli if they wanted to provide the food service for the upcoming Harris County Mayors/Council dinner to be held at the West U Rec Center without also making inquiry to other local restaurants as to if they wanted to bid on the work. My opinion was that since Edloe Deli was owned by a Council Member that out of an abundance of caution it was best for the City to get other bids so as to prclude any suggestion of favoritism on the part of the City towards a business owned by a Council Member. Thus, this was purely a matter between the City Staff and Council as to the procedures being used by City Staff to employ vendors for City business.
Since we aren’t getting a response from Mayor Kelly or Mr. Boehme about Matthews Market’s distribution of free alcohol, I suggest The Examiner do some investigation and make this your next news feature. You also might want to interview the administration at West U Elementary – who would seem unbiased compared to MM staff and WU families – about their concerns for the plethora of school children swarming around MM and the school grounds, running back and forth across the street, and “hanging out” without any adult supervision, particulary outside, and the dangerous situation this has created for the children and drivers on this street. I have often wondered if the parents of these children have any idea how they are running all over the place and the danger they are placing themselves and others in.
I am not opposed to restaurants serving alcohol along Edloe as long as they have obtained the required license/permit and aren’t considered too close to the school. A drink during a long dinner is one thing, but drinking and then driving your kids and perhaps other kids home from school is another. This isn’t the sort of message I want to be sending to my children who will some day be old enough to drive and to drink and I hope not drink and drive.
As for the other issue, I don’t think the Mayor is trying to start a fire as someone suggested. It appears to me from the article and the Mayor’s written response that he wants to ensure that all businesses have the same opportunity to bid and to assure everyone that there is transparency in the process and no favoritism shown to any business. That’s how it should be and appears to have been done.
Councilman Boehme appears to be starting the fire with his attacks on the Mayor. This raises greater concern for me, not about who provides pool food, but how he works with others on the City Council. I have read news stories in the Examiner with quotes from Boehme about whatever issue the Council is discussing and wonder what he’s thinking? For example, the news feature about the new hedge ordinance that currently affects about 10 homeowners. I believe the story indicated Boehme wanted to give them until 2019 to trim their shrubs to 36 inches in height – 5 years beyond what Council ended up passing. I don’t understand why they need until 2014 to trim them. That said, I don’t understand why they need to trim them at all. It seems to me this new ordinace may discourage homeowners from purchasing lots to be used as green space. Personally, I’d rather see the shrubs than another three story house with a patch of grass in the front and back yards.
Many, many years ago, I was so worried about West U Elementary School kids running to JMH after school and because of the traffic, in danger of being hit by cars, I went to the school and spoke to someone. They didn’t seem to think it was the school’s responsibility but said they would pass along my concerns.
Suggestion: I have long believed (with or without alcohol) that the one-block section of Edloe St. between University and Rice should be FOOT TRAFFIC ONLY. Many of you have already mentioned the extraordinarily high volume of pedestrians there already, particularly children during school and sports activities. This makes for incredibly dangerous situation. I myself (not under the influence of anything beyond the normal stresses of the day) have nearly backed over a child or two on occasion. There are far too many activities going on in a very condensed area. I fully realize the city is stretched for parking spaces already, but I think the logical answer is to look for parking nearby. Tiny Boxwoods parking lot was never full when it was JMH. Perhaps it would encourage more people to walk, thereby decreasing the potential for driving after drinking. People need to walk more anyway, but that’s topic for a different conversation.
Everyone seems to be under the impression that we are living in isolation. There is plenty of alcohol being served a mile away in the Village. And I seriously I doubt that there will be a bunch of kindergarten Moms getting drunk before they pick up their children from school. I see no problem granting a liquor license to Tiny Boxwoods. I would love to be able to have a glass of wine with my meal and see no problem with it. I seriously doubt that granting liquor licenses to these few small family restaurants will make any difference to the safety of our community.
This has nothing to do with the topic, so i will probably upset everybody here, but when did we approve a new police station? I am sure the funds were approved but it seemed to come out of nowhere and I have seen very little press about the new building. It seems to be flying under the radar. I am all for the new building as I know the police dept had outgrown the old one. i just dont remember seeing anything on planning and funding.
According to Mayor Bob Kelly, the Council will vote on the alcohol permit for Tiny Boxwoods on August 9th, 2010. Sue Anne Welderhold states in her comments above “why would you allow alcohol across from a very well attended school?”. My reply is “why not?”. Edloe Deli has been serving alcohol across the street from the school for many years.
JMH while open sold beer and wine from 1950 – 2008.
In addition, there are at least 21 such estiblishments that serve alcohol inside West U, Southside Place, Rice Village and the immediate surrounding area. Edloe Deli has been a responsible neighbor for all these years. I can’t imagine why Tiny Boxwoods and Matthews Market (sure to apply immediately for license, if not already) won’t do the same. The question is how the City will allow one business to have a license now such as Edloe Deli and yet restrict others. The argument of safety just won’t fly.
I am curious if Mr. George Boehme (West U Council Member and Owner of Edloe Deli) will abstain from voting to avoid any possible conflict of interest on the Tiny Boxwood application and those to follow?
I’m all for having the option of having a drink with dinner at a restaurant in this area. I think the concern that is being raised above is the safety of unsupervised kids, particularly after school, going to and coming from Matthew’s Market. If parents aren’t going to be present with their kids at MM and help ensure their safe behavior then maybe MM bears some responsibility to manage the crowd of kids and their darting out into traffic?
On the TABC’s website, it indicates that a business can give away free alcohol, see below. (http://www.tabc.state.tx.us/faq/licensing.asp)
Did West University grant Matthew’s Market a waiver to distribute free alcohol within the alotted distance to a school [MM is about 30 - 40 feet away from HISD property] and if so when? Is MM (still) asking for donations, and if so does this go against the TABC’s provision, below?
“Licensing FAQ
Can I give away free alcoholic beverages without holding a TABC permit?
It is legal to provide free alcoholic beverages without a permit. However, to be truly “free,” it must be available to any adult who walks in the door and requests it. If alcoholic beverages are only available to paying customers, the assumption is that the cost of the alcohol is included in the price of the service. This constitutes a sale of alcoholic beverages, and a TABC permit would be required. When you provide the alcoholic beverage, there cannot be any expectation of receiving money. You cannot ask for a “donation” or “tip.” If the drinks will only be available to paying guests, then you will need a permit.
Some examples: A wedding reception with free drinks is really free. A boutique that serves free wine while you shop, even if you don’t buy anything, is really free. A nail salon with a “free” drink when you pay for a manicure is not really free. If you buy tickets to attend a charity ball and they serve “free” drinks, those are not really free. If a tip jar sits next to a keg of beer expecting “donations,” the beer would not be considered free.”
WUP statement above is eactly what is wrong with our nation.
The responsiblity of our children is ours and ours alone.
If a child is left unsupervised at the movies, sporting event such as WULL or WUSA game or shopping mall like Rice Village, it is the parents sole responsiblity not the merchants or landlords alike.
Anybody witnessing the beginning or ending of WUES has certainly seen children in large numbers cross the streets to a varity of businesses not just the one stated above. These businesses include Edloe Deli, Linda Lowe Music School, Studio 3 Salon, West U Fitness awaiting mothers parking in any open space they can find. I remind you the street is public and as such should be monitored by the minor’s parents as well as the local authorities.
Not dodging your questions concerning alcohol on Edloe, but that matter will be fully discussed at Council meeting on Aug 9th and I want to wait until I have heard all sides of the issue before I make any decision on the matter. George’s comments about his restaurant, Edloe Deli, concerning it serving beer and wine on Edloe since 1974, with it being closer to the school then Tiny Boxwood, and next door to MM would seem to be relevant. I live in the 3700 block of Plumb, both my daughters walked to West U elementary for several years, and I have I not heard or observed any problems with beer and wine sales on Edloe. Greg Thompson, the owner of Tiny Boxwood, is the current President of West U Little League and I have found him to be an outstanding individual. I have been to his Tiny Boxwood location off Richmond and have found it to be a first class operation. Also, if the permit is granted to Tiny Boxwood and with Edloe Deli already having one, on what bases would Council deny a permit to MM? Again, please come to the Council meeting on Aug 9th and let Council know you opinion.
It has been my goal as your Mayor to respond to all communications asap and meet with citizens who wish to do so. If you would like to meet with me for coffee some morning, just let me know.
Dear Mayor Kelly -
I understand that MM cannot have a liquor license to sell adult beverages because of its proximity to an elementary school. The stupid loophole is that MM can give away alcohol for free; this defeats the purpose of the liquor law! Explain to me how giving alcohol away for a “donation” is a better option. If people are paying for the booze, maybe they won’t consume as much as if were free!
Oh, don’t even get me started on the “donation”; the TABC likely would not approve of the donation request.
I am happy to hear that august 9th will be an open forum for discussion. I see nothing wrong with people drinking at a restaurant. My concern is the location. Im sure they paid a lot of money for tiny boxwood and probably felt assured that they could obtain a liquor license since edloe deli already has one. There are many places across houston, texas that have been grandfathered in about alcohol consumption and sales. Thus, this would be the case with edloe deli. I just don’t see why we need another place in this town to serve alcohol to adults, responsible or not. There will be problems, there always are when alcohol is involved. Particularly with children running, walking, biking all around the area.. I urge the residents of west u to attend the meeting and voice their opinions loud and clear for all to hear.
I agree with Sue. This council meeting should hopefully be well attended so we can hear all sides. Ultimately, if Tiny Boxwoods is denied an alcohol license, then Edloe’s license should be revoked. Addtionally, Matthew’s Market should never get one and be forced to not give away alcohol.
Once compromise may be that no alcohol can be sold during school hours. This would at least help ensure that most children are home before alcohol is sold.
Here is some research I found.
1. Increasing the number of outlets which sell alcohol can lead to increased violence in neighborhoods. See this link http://resources.prev.org/documents/AlcoholViolenceGruenewald.pdf.
So even if Edloe street has been grandfathered, our city leaders do have justification to refuse licenses to new establishments. This is a form of control which is essential in controlling alcohol related crime in communities.
2. Here is another link of a nice article on how communities must take an active part in controlling alcohol availability.
http://www.ncbi.nlm.nih.gov/bookshelf/br.fcgi?book=hssamhsapep&part=A16261
3. We have all seen crime reports on this site where both west u residents and nonresidents are getting arrested for drunk driving or public intoxication. I feel if we increase the establishments which sell alcohol near our school, this could lead to more alcohol related issues for our community. Thus, I feel at a minimum, no other establishment should get an alcohol license near our school, and the ones who already have a license should only sell after school is out.
Hey Southside Resident, you made my point better than I did, thanks!
The concern I attempted to note without a judgmental tone is that so many kids are *unsupervised* and putting themselves and others at risk darting out into traffic around MM. I haven’t noticed kids at the other places you mentioned darting out into traffic.
Perhaps you haven’t seen the crowd of kids outside MM after school, many of whom run back and forth from MM to the school playground and softball fields, until their parents pick them up 1 – 2 hours after school is out. Others have made similar comments and even noted near misses of hitting kids.
The lack of supervision of kids is of concern to me, but you may not share my opinion. People have raised their concern for the safety of kids supervised or not engaging in this dangerous behavior. I can only hope *someone* is looking out for them, especially when their parents aren’t around.
JMH sold alcohol since 1950 – 58 years at the corner of Rice and Edloe.
Edloe Deli has sold (and continues to this day) alcohol since 1975 – 35 years in the middle of Edloe street between Rice Blvd. and University Blvd. some 25 feet from the school. Simple math shows 93 combined years of alcohol sales between these two establishments. Enough said.
What next Whole Foods, Specs Liquor, Marque Lounge -etc.
If the arugument is based on safety than all establishments must surrender their repective license(s)regardless of PNC Status. The city has passed a resolution authorizing the sale of alcohol at the recreation center on August 19th, 2010 during the Harris County Mayors Association Meeting.
Any decline in application for Tiny Boxwoods or any other establishment that applies would certainly be subject to a letigation. If it is good for the City, it’s good for those that are investing in our community.
Edloe Deli, Tiny Boxwoods, Firehouse Subs and Matthews Market along with many others have invested in this community. Residents, you have the ulimtate decision of either spending your money with each or not.
Time to grow up and move on to more important items such as the height of our neigbors shrubs. Now that’s a worthy cause.
IN response to wu long time resident: jmh sold alcohol-beer and wine. I don’t remember them allowing it to be open on premises? do you? i think it should be banned for the safety of all. and yes, there are other places that sell it, but thatss really not the point. Its kids, the town, the area. Make your business work without the alcohol coming in to play
Mayor Kellly,
You asked above, “on what bases would Council deny a permit to MM?”
On what basis has Mathew’s Market legally distributed margaritas for a donation since at least May (and before school dismissed for the summer) without legal clearance from this city? Can teenagers working there distribute the margaritas? Please respond to this specific question that people keep raising.
You write about not personally observing the unsafe behavior of children on Edloe as one premise for granting an alcohol license. As an elected official aren’t you supposed to consider the views of your constituents – who have been posting their observations above? Please contact the elementary school’s administration before the August 9th meeting and get their unbiased feedback in regards to safety issues with kids crossing Edloe back and forth from MM. Many of our city’s adults would not be aware of this issue, as you state you are not, as they are not driving down this one block on Edloe during the school year between 2:45 – 4:45 p.m. / don’t have children attending our city’s elementary school and have not witnessed first hand the large crowd of unsupervised kids running back and forth from the school grounds to MM Monday – Friday during the school year since MM opened.
The City Attorney will address at the Council meeting August 9th your questions about wine being at MM. Please sign up at the meeting to speak and ask your questions to the entire Council. Again, if anyone would like to meet with me for coffee to discuss City matters please email me at bkelly@westu.org
The concern about unsupervised children at Matthew’s Market is a valid, but very small, portion of the overarching issue of an intensely pedestrian-populated one-block area of our community. Students from WUES,Linda Lowe’s musicians, Xavier Academy, WU Little League, softball, Scout House, and any number of adults and kids alike making their way to Edloe Deli, Matthew’s Market and other commercial establishments make this a much bigger issue. Again, if the issue is truly about the safety of the ability to cross over from our schools and sports facilities to our commercial establishments, for the safety of all involved (kids and adults alike), does anyone else see the logic in closing the one-block radius about which we are all so concerned? I am a West U mom with a child in WUES, WULL, Xavier Academy, former Scout, both kids with lessons with Linda Lowe and a regular patron of MM and Edloe Deli (and no doubt Tiny Boxwoods to come). This issue is not new. MM is not the devil- free alcohol or no and neither is Edloe Deli. If you don’t want to close the block permanently,let’s conduct a survey of timing of the high volume of pedestrian traffic and close it only during high-traffic time. Seems like many problems could be resolved that way.
Or even just close it at Goode St, thereby preserving the parking spots adjacent to WUES.
Please me advised that I have been informed that the Little Mat alcohol matter will not be on the agenda for August 9th, but will be a separate agenda later when and if Little Mat applies for an alcohol permit. As such, citizens can make comments to Council Members about the topic, but Council will not be able to respond. Any questions regarding MM and alcohol can be addressed now to the City Manager for comment.
I would like to email the city manager and ask how Matthews Market has the right to give away alcohol while asking for donations. This is against the law. How do I contact him Mayor Kelly.
mross@westu.org
Abolish “grandfathering” !!!
In an attempt to answer some of the questions the following is some text from the Texas Alcohol and Beverage Commission (TABC) website.
Licensing FAQ
Can I give away free alcoholic beverages without holding a TABC permit? It is legal to provide free alcoholic beverages without a permit. However, to be truly free, it must be available to any adult who walks in the door and requests it. If alcoholic beverages are only available to paying customers, the assumption is that the cost of the alcohol is included in the price of the service. This constitutes a sale of alcoholic beverages, and a TABC permit would be required. When you provide the alcoholic beverage, there cannot be any expectation of receiving money. You cannot ask for a donation, or tip. If the drinks will only be available to paying guests, then you will need a permit.
Some examples: A wedding reception with free drinks is really free. A boutique that serves free wine while you shop, even if you don’t buy anything, is really free. A nail salon with a free drink when you pay for a manicure is not really free. If you buy tickets to attend a charity ball and they serve free drinks, those are not really free. If a tip jar sits next to a keg of beer expecting donations, the beer would not be considered free.
FYI…At the City’s request, the Texas Alcohol and Beverage Commission (TABC) recently checked Mathews Market (Little Matt’s) for violations and found none. Anyone that witnesses an apparent violation should contact the City’s Police Department immediately. They will take a statement and file a criminal case with the Harris County District Attorney’s office.
In an attempt to answer some the above questions the below text is provided from the Texas Alcohol and Beverage Commission (TABC) website.
Licensing FAQ
Can I give away free alcoholic beverages without holding a TABC permit? It is legal to provide free alcoholic beverages without a permit. However, to be truly free, it must be available to any adult who walks in the door and requests it. If alcoholic beverages are only available to paying customers, the assumption is that the cost of the alcohol is included in the price of the service. This constitutes a sale of alcoholic beverages, and a TABC permit would be required. When you provide the alcoholic beverage, there cannot be any expectation of receiving money. You cannot ask for a donation or tip. If the drinks will only be available to paying guests, then you will need a permit.
Some examples: A wedding reception with free drinks is really free. A boutique that serves free wine while you shop, even if you don’t buy anything, is really free. A nail salon with a free drink when you pay for a manicure is not really free. If you buy tickets to attend a charity ball and they serve free drinks, those are not really free. If a tip jar sits next to a keg of beer expecting donations, the beer would not be considered free.
At the City’s request, the Texas Alcohol and Beverage Commission (TABC) recently checked Mathews Market (Little Matt’s) for violations and found none. Anyone that witnesses an apparent violation should contact the City’s Police Department immediately. They will take a statement and file a criminal case with the Harris County District Attorney’s office.
There has been a lot of discussion about West U Elementary School kids being put at risk by the traffic on Edloe. The kids aren’t the only ones in danger of being hit by cars. Today, I was driving on Brompton and was confronted by ladies who were walking in the street. They were so busy walking and talking, I don’t think they were aware that they were sharing the street with cars. I had to slow to 5 mph and hug a curb to get by them.
I very highly doubt that Tiny Boxwood being granted a liquor license would affect any single one of these residents who have complained in this forum. It seems to me that it is more of an argument of morality rather than supposed safety of children. I would bet my last dollar that the majority of liquor sales would be at night and on the weekends. I know, why don’t we let that building site fall into complete disrepair (two years on the market??) and forgo any possible tax revenue they might provide to the city. THAT would show us HEATHENS. I wonder if anyone complaining has ever been to the other restaurant in River Oaks? It is a GEM. We are lucky to be getting one in our area.
And regarding drunk driving… don’t forget that a large portion of folks getting pulled over in West U are just passing through. It is not relevant to this discussion
These are beer and wine licenses, not actual liquor being discussed – people need to get a grip. There aren’t going to be any pub crawls down Edloe street or the like. People are using the school “concerns” as a facade for whatever their real motivation is (anti-development/growth, NIMBY, moral dislike of alcohol…etc). The reality is that the school kids are long gone before dinner time which is when there is likely to be any people ordering a glass of wine with their dinner.