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School Opposes Beer and Wine Store

By Catherine Cuellar, KERA 90.1 Reporter

http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-497841.mp3

Farmers Branch, TX –

Farmers Branch has always been a dry area, prohibiting the sale of alcoholic beverages. That attracted Jay Brisben to live and work there, and enroll her daughter in Arbor Creek Montessori School.

Jay Brisben, parent and teacher, Arbor Creek Montessori: My friend that referred me to the school said as long as you can get in the front door, you'll be pleased, because the drive from the street to the front door of the school is really hard. The neighborhood is dilapidated. There's trash in the apartments next to us. There's a constant flow of people up and down the streets.

Cuellar: Brisben is now an elementary teacher at Arbor Creek, where her four-year-old is also a student. She was alarmed when a sign went up earlier this month in front of a construction site down the street from campus that says "Coming Soon: Beer and Wine."

Brisben: From the time my daughter walks in the school, in her classroom she can look out the window and see the store. I don't want my child or any of the children in this school having to see neon flashing signs that say beer and wine here, lotto Texas, or anything.

Cuellar: Arbor Creek Montessori, a Spanish-speaking Assemblies of God church, and an alternative charter high school in Farmers Branch are less than a block from Josey Lane and the neighboring city of Carrollton, which legalized the sale of alcohol in 2004. One Carrollton store already sells alcohol within a mile of the properties, and Angela Romine, an Arbor Creek parent who also works in the front office, says it causes problems.

Angela Romine, parent and administrator, Arbor Creek Montessori: I was taking a 2-year-old outside to his dad's car And I looked to my right and in front of that church next to us there was a man urinating, and he was facing me. So I got his license plate number and I called the police. About 10 minutes later I went outside and I notice the cops had arrested all three men inside the truck I had described for public intoxication.

Cuellar: The land where the beer and wine store is under construction is owned by John Chong, who agreed to be interviewed with his attorney Robert Hwang as his translator. He is aware of the neighbors' concerns, but says that a beer and wine store in that location is perfectly legal because it complies with the Texas Alcoholic Beverage Commission code.

John Chong, owner, 1900 S. Josey Lane, Carrollton: [Speaking in Korean] Robert Hwang, attorney: The distance requirement between the church and the business beer and wine store is about 300 feet door to door, and the school requirement is 300 feet from property to property. You cannot open a beer and wine store if it is within less than 300 feet, but if it is more than 300 feet to 1000 feet then the school might object to it, they have a right to object to it, but over 1000 feet, there is no restriction.

Cuellar: Chong has not yet decided whether he will run the beer and wine store himself or act solely as landlord. Arbor Creek Montessori, has already filed an objection with the Texas Alcoholic Beverage Commission. But school staff and parents are disappointed city officials haven't fought for them. Farmers Branch mayor Bob Phelps says he tried:

Bob Phelps, Farmers Branch Mayor: I have talked to their mayor, our city manager has talked to their city manager. That actually is Carrollton, and we cannot tell Carrollton what to do.

Cuellar: Carrollton council members have not considered increasing the distance between stores that sell alcohol and schools or churches. Carrollton's mayor and city council members declined to be interviewed for this story. Their city secretary, Ashley Mitchell, said Carrollton follows the TABC's lead.

Ashley Mitchell, Carollton city secretary: We review the application to make sure it has its sales tax certificate, that it's zoned properly. And what TABC has told us is that protest happens at the County Judge level. The judge will hold a hearing automatically.

Cuellar: The public hearing in Dallas County will be scheduled after Chong or his tenant applies for a license to sell beer and wine at the new store.