DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 5
SUBJECT:
Alcohol Variance Case V2017002
SUMMARY:
Consideration of a request granting a Variance to City Code 4-6(c)(1), 4-6(c)(3), and 4-6(c)(4), of the City Code and authorizing the sale of alcoholic beverages on Lot 2, Block 4, NCB 2934, located at 2220 South Flores Street for off-premise consumption within three-hundred (300) feet of the Brooks International Studies Academy, a private education institution located in Council District 5.
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 been previously been sold on this property. A variance is needed from this provision to allow the sale for off-premise consumption at a convenience store.
2) The discontinuance of the sale of alcoholic beverages was not a result of a violation of law;
Alcohol has never been sold on the subject property therefore, a waiver is not required.
3) A variance is necessary because the manner of measurement, as currently prescribed in V.T.C.A. § 109.33(b), has changed and as a result thereof, the premises in question has been determined to be within three hundred feet (300) feet of a public school;
The method of measurement has not changed. The applicant will need a variance from the 300 foot distance requirement.
4) The proposed sale of alcoholic beverages would be for on-premise consumption and constitute no more than thirty (30) percent of the establishment's annual gross revenues.
The applicant has stated that alcohol sales will not exceed 30% of total revenue. However, the applicant has indicated that sales of alcoholic beverages will be for off-premise consumption. A waiver of this criteria is required.
The TABC authorizes municipalities to establish variance criteria from the provisions of §4-6 (d).
6) The applicant shall on an annual basis submit to the department of building inspections the necessary documentation to verify that no more than thirty (30) percent of the annual gross revenues of the establishment are generated by the sale of alcoholic beverages;
As the sales will not exceed 30% of total revenue, the applicant does not need a variance from this requirement.
ISSUE:
Currently, the sale of alcoholic beverages 2030 North Main Street will violate Chapter 4, §4-6 of the City Code and Title 4, Chapter 109, Subchapter B, §109.33(a)(1) of the Texas Alcoholic Beverage Code. The applicant is requesting a variance to allow the off-premises sale of alcohol within three hundred (300) feet of Brooks International Studies Academy, which is accredited and recognized by the Texas Commission of Education.
ALTERNATIVES:
The City may opt not to grant the requested waivers and variance, prohibiting the sale of alcohol for off-premise consumption at the convenience store, located at 2220 South Flores Street.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis: The analysis includes the following findings and factors:
1. The distance from the door of the convenience store to the door of Brooks International Studies Academy is approximately 506 feet.
***All listed distances are approximate, were measured in a straight line between nearest points, using the City’s online zoning map.***
2. The sale of alcohol is for off-premise consumption only.
Should City Council choose to waive the provisions of §4-6(c)(1, 3, and 4) of the City Code, staff recommends the following conditions:
1) That the sale of alcoholic beverages be limited to the convenience store.
2) Alcohol sale will include beer and wine for off-premises consumption only.
3) That the authorization for the sale of alcoholic beverages shall not transfer to different land uses or owners.
4) That such authorization shall terminate in the event of non-operation or non-use of the identified establishments for a period of twelve (12) or more successive months.
5) The hours of operation shall be limited to Monday - Saturday 7:00AM to 12:00AM and Sunday from 12:00PM to 12:00AM
6) The sale of alcohol shall not exceed 30 percent of total revenue.