There have been four local option alcohol ballot measures in Frisco since 2002, but the most recent alcohol proposition coming before voters in the May 7 election has been a source of confusion.

City officials opposed to the proposition have described the ballot wording, “The legal sale of all alcoholic beverages including mixed beverages,” as vague and misleading.

City Attorney Richard Abernathy said his understanding of the proposition is that, if passed, it would allow for liquor stores and bars in Frisco.

Texas Petition Strategies, an Austin- and Arlington-based company, initiated the alcohol election petition process in May 2015, when one of its clients, Wild Pitch Sports Bar & Grill, was notified by the Texas Alcoholic Beverage Commission that Wild Pitch was exceeding its 50 percent alcohol-to-food sales ratio, TPS President John Hatch said.

The TABC agreed to give the restaurant time for the city to have a mixed-beverage election, Hatch said. Otherwise the restaurant would be required to revert to a private club permit, he said.

“We have one of the highest alcohol sales [rates] in the area so we’re contributing a lot of tax to Frisco, and we certainly would like to see [the measure] go through,” Wild Pitch General Manager Steven Delano said.

Delano said the restaurant has a late-night permit to sell alcohol until 2 a.m., but cannot stay open later than midnight without going over the 50 percent alcohol sales threshold.

Those who oppose the proposition—which includes every elected city and school district official and all candidates running for City Council or Frisco ISD school board as well as the Frisco Chamber of Commerce—say the proposition is too broad, would erode local control and is not indicative of market demand.

“This is not about alcohol percentages or liquor stores. This is about local control and quality development in Frisco,” Frisco Chamber of Commerce President Tony Felker said. “This is about quality of life in Frisco.”

Frisco Mayor Maher Maso said the city has a planning system in place and the proposition strays from the system.

“This is not part of that planning,” Maso said. “I’m not saying we’ll never get there one day, but it will be done strategically with residents’ involvement and not outsiders.”

A political action committee, or PAC, called Keep Frisco First has formed in opposition to the ballot proposition.

Proponents, who have formed the Frisco Committee for Economic Growth PAC, argue that passing the proposition would make alcohol sales uniform across Frisco and increase the tax base.

“Frisco has had four local option alcohol elections since 2002, and [FCEG] wanted to go full wet instead of having all these expensive elections,” Hatch said. “[The] bottom line is saving the taxpayer money by not having more elections when the voters clearly have said they’re OK with the other measures passed in Frisco.”

How regulations would change

Businesses that sell alcohol for off- or on-premise consumption are prohibited in residential areas and within certain distances of schools, hospitals and churches. Those restrictions would not change if the proposition passed.

Frisco businesses, such as a grocery store or a convenience store, are allowed to sell beer and wine for off-premise consumption.

If passed, the proposition would allow businesses with the proper permits from the TABC to sell beer, wine and liquor for off-premise consumption, essentially allowing liquor stores.

Frisco businesses that sell  on-premise alcohol are currently required to have a food and beverage certificate from the TABC—effectively making such an establishment a restaurant.

Restaurants with a food and beverage certificate and alcohol permits from the TABC can currently serve beer, wine and mixed drinks as long as alcohol sales do not exceed 50 percent of the establishment’s revenue, as regulated by the Texas Comptroller.

If the proposition passes, businesses would no longer be required to have a food and beverage certificate as long as less than 50 percent of their revenue comes from food, which means an establishment would not be held to the 50 percent alcohol sales ratio, TABC spokesperson Chris Porter said.

If the proposition passes, businesses could sell up to 75 percent alcohol anywhere a restaurant that serves alcohol is currently allowed. The remaining percentage of an establishment’s revenue would not have to come from food; it could come from sources such as cover charges or store merchandise.

City regulation, not TABC regulation, would hold on-premise establishments to the 75 percent ratio.

If the proposition passes, with the proper permit there would be no alcohol percentage limit from the TABC. However, the city has the authority to regulate the location of businesses exceeding 75 percent of their revenue from alcohol. Such businesses are required to obtain a  specific use permit from the city to operate within city-designated zoning districts.

If the proposition passes, Frisco would still have the authority to regulate the location of on-premise establishments that want to exceed 75 percent of their sales from alcohol.

If the ballot measure passes, all of Frisco would operate under the same alcohol regulations that the Denton County portion of Frisco began operating under after a Denton County alcohol election passed in 2009.

If the ballot measure does not pass, city alcohol regulations would not change from what are in place now.

“If you didn’t know anything about the election and just read the measure the way it reads, it sounds as if you were to vote against it you wouldn’t be able to ever have an alcoholic beverage in Frisco and that’s not true,” City Council Member Bob Allen said.

How Frisco would be different

If the proposition passes, Frisco would differ from current alcohol restrictions in Plano. Although Plano does allow liquor stores, it does not allow bars. Plano still requires businesses to have a food and beverage certificate to sell alcohol, in effect making any business that wants to sell alcohol also a restaurant. If Plano businesses want to exceed the 50 percent alcohol sales ratio, they must apply for a private club permit—a process similar to what Frisco has in place today.

Allen residents are also voting on an alcohol ballot provision May 7. However, Allen’s proposition would allow for liquor stores only. The proposition would not affect establishments that sell on-premise alcohol.

According to the TABC, the city of Anna is the only city in Collin County to be fully wet.

In Denton County, in addition to the Denton County portion of Frisco, nine cities are completely wet, including Little Elm, The Colony and Denton.