DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 3
SUBJECT:
Alcohol Variance Case AV2015001
SUMMARY:
Consideration of a request granting a Variance to City Code Section 4-6 and waiving the requirement of Section 4-6(c)1, 4-6(c)3, and a portion of 4-6(e)1 and authorizing the sale of alcoholic beverages on Lot 23, Block 1, NCB 10934, located at 2627 SE Military Drive, Suite 105 for GameOn/BACH FEC I, LLC, Applicant, to sell alcoholic beverages for on premise consumption as a "Family Entertainment Center" within three hundred (300) feet of the Seidel Learning Center, a public education institution located in the San Antonio Independent School District within Council District 3.
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 (...
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