DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 7
SUBJECT:
Alcohol Variance V2014003
SUMMARY:
Consideration of a request for a waiver of the variance criteria listed in Section 4-6(c); Section 4-6(d)(6); and the portion of Section 4-6(e)(1) prohibiting variances for off-premise consumption and request for a variance in accordance with Chapter 4 ?4-6(c) of the City Code for Adam L. Valenzuela (DBA Bottlecaps Liquor) to sell alcoholic beverages for off-premise consumption as an "Alcohol - Beverage Retail Store (Liquor Store)" located at 6101 Callaghan Road, within three hundred (300) feet of the St. Luke Catholic School.
Pursuant to Title 4, Chapter 109, Sub-chapter B, ?109.33(a)(1) of the Texas Alcoholic Beverage Code (TABC), the sale of alcoholic beverages is prohibited for dealers whose place of business is within three hundred (300) feet of a public or private school as measured in a direct line from the property line of the public or private school to the property line of the place of business. The City of San Antonio adopted this distance requirement in Chapter 4, Article 1, ?4-6 of the City Code. The State currently relies on local jurisdictions to enforce the distance requirements and the local regulations comply with the regulations established by TABC. The subject property is situated within three hundred (300) feet of St. Luke Catholic School.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, ?109.33(e) authorizes municipalities to establish a variance process if it is determined that the enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health,...
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