TYLER, Texas (KETK) — A convenience store is being built off of Fifth street, but according to TABC regulations, the store is too close to Bell Elementary School for the business to sell alcohol.

Under the TABC rules, a store selling alcohol needs to be at least 300 feet from a school. The property of the store is 290 feet away, making the business 10 feet too close for them to sell alcohol.

The owner argues that even though the property line is 300 feet away, the distance to walk into the store is more than 300 feet.

The city council does have the option to waive the TABC rules, but in a 5-1 vote on Wednesday denied the owner’s request.

“Bell Elementary School that’s in question. I understand we are talking about 10 feet, but the ordinance does have a number and the number is 300,” said Brad Curtis, Tyler City Councilman for District 6.

Mayor Don Warren said businesses in the past have been waived.

“The grocery store on 31 and the loop, they made the application to sell beer and wine inside their store and it was too close to Jones-Boshears school and we granted that application,” said Warren.

The owners thought their business would be a part of the list of businesses that were granted the application. Along with the opposing council members, neighbors in the area said they also did not want the store to sell alcohol.