The position of the District is that the sale of alcohol near schools within the District is not in the best interest of its students.


The District's position is derived from the belief that alcohol sales near schools is not generally conducive to a positive and safe learning environment.


The terms waiver and variance shall have the same meaning within this policy.

State Law

Texas Alcoholic and Beverage Code 109.33 prohibits the sale of alcoholic beverages within 300 feet of a public school. Businesses within 1,000 feet of a school are required to notify the District if they apply for an alcoholic beverage license. Interested persons, including government officials, may file an objection with the Texas Alcoholic Beverage Commission to the issuance of an alcoholic beverage license.

City Ordinance

Section 4-9-4 of the Austin City Code requires businesses to apply for an Alcoholic Beverage Waiver from the City of Austin if the business wants to sell alcoholic beverages within 300 feet of a school. The City of Austin, by city ordinance, notifies all property owners within 300 feet of the site for which the waiver is requested.

Notification and Procedure

Upon receipt of notification under either Section 109.33 of the Texas Alcoholic Beverage Code and/or Section 4-9-5 of the Austin City Code, the District shall implement the following procedures:

The District shall send written notification to the principals of the schools affected.

The principal(s) shall provide copies of the notification to the PTA/PTO and the campus advisory council. [See BQB]

The District shall oppose the application, in writing, for an Alcoholic Beverage Waiver to the City of Austin.

On a case-by-case basis, the District may oppose the application for an alcoholic beverage license for a business that is within 1,000 feet of a school.

Austin ISD


LDU 2016.10

DATE ISSUED: 10/3/2016