DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 5
SUBJECT:
An ordinance authorizing a variance allowing the sale of alcoholic beverages at 1902 South Flores for on-premise and off-premise consumption within three-hundred (300) feet of Briscoe Academy, San Antonio Independent School District public educational institution located in Council District 5.
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 1902, LLC, to sell alcoholic beverages for on-premise and off-premise consumption as a "Micro Distillery" located at 1902 South Flores, within three hundred (300) feet of Briscoe Academy.
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 Briscoe Academy.
The applicant has applied for a Type "D" license from the Texas Alcoholic Beverage Code (TABC).
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 i...
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