DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: Council District 2
SUBJECT:
Alcohol Variance Case AV2017008
SUMMARY:
Consideration of a request granting a waiver of Sections 4-6(c)(1 and 3), and a Variance from Section 4-6(d)(6) of the City Code, authorizing the sale of alcoholic beverages on Lot 11, Block 43, NCB 652, located at 915 South Hackberry Street for on-premise consumption within three-hundred (300) feet of Herff Elementary, a public education institution located in Council District 2.
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, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. Pursuant to this enabling legislation, the provisions of Chapter 4, ?4-6(c) of the City Code were established by the City of San Antonio.
The TABC authorizes municipalities to establish variance criteria from the distance requirements and ?4-6(c) of San Antonio's City Code states that with City Council authorization, the sale of alcoholic beverages at a location within three hundred (300) feet of a public school may be granted, provided that the City Council makes the following findings:
1) The sale of alcoholic beverages had been permitted within the last two (2) years at the location in question;
Alcohol has not previously been sold at this location. The applicant is seeking the first license for the proposed food service establishment use.
2) The discontinuance of the ...
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