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.”
July 29th, 2010 at 12:01 pm
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.
July 29th, 2010 at 1:03 pm
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.
July 29th, 2010 at 1:31 pm
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?
July 29th, 2010 at 2:11 pm
I think Long Term West U Resident makes a good point and I will take her (his?) suggestion and abstain from voting on any distance waivers for the liquor permit application for Tiny Boxwoods and any future application for distance waivers for alcohol permits in West U.
FYI: The City of West University Place does not issue the permit, it is issued by the Texas Alcoholic Beverage Commission. State law prohibits alcohol sales within 300 feet of a school. However a municipality (West U) can waive that distance requirement on a case by case basis.
The current law has been in place since 1984. Edloe Street Cafe and Deli received its permit prior to 1984 (1975), and long before I had anything to do with it.
On the police staion: it had been discussed at many, many different council meeting and reported many times in the local newspapers and website. Try searching http://www.hcnonline.com or / and i’ll bet you find a host of stories.
July 29th, 2010 at 4:00 pm
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.”
July 29th, 2010 at 6:25 pm
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.
July 29th, 2010 at 8:03 pm
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.
July 29th, 2010 at 9:11 pm
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.
July 29th, 2010 at 9:27 pm
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.
July 29th, 2010 at 10:16 pm
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.
July 29th, 2010 at 11:10 pm
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.
July 29th, 2010 at 10:58 pm
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.
July 30th, 2010 at 6:58 am
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.
July 30th, 2010 at 9:21 am
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
July 30th, 2010 at 11:31 am
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.
July 30th, 2010 at 4:10 pm
Mr. Kelly, have you ever had anything alcoholic to drink at Mathews Market (Little Matts)? Did you know they were serving liquor without a permit? If they were already serving liquor without a permit, that seems like a perfecly good rationale for not granting them a permit. That would be rewarding bad acts; not a good way to raise children and not a good way to run a town.
(I wonder why he won’t answer questions about Mathews Market)
July 30th, 2010 at 8:50 pm
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 [email protected]
July 30th, 2010 at 11:55 pm
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.
July 31st, 2010 at 8:59 am
Or even just close it at Goode St, thereby preserving the parking spots adjacent to WUES.
August 2nd, 2010 at 2:05 pm
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.
August 2nd, 2010 at 3:01 pm
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.
August 2nd, 2010 at 6:04 pm
[email protected]
August 2nd, 2010 at 7:47 pm
Abolish “grandfathering” !!!
August 2nd, 2010 at 8:31 pm
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.
August 2nd, 2010 at 8:36 pm
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.
August 5th, 2010 at 8:30 pm
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.
August 9th, 2010 at 5:51 pm
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
August 11th, 2010 at 11:04 am
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.