DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 7
SUBJECT:
Alcohol Variance Case AV2021-002
SUMMARY:
Consideration of a request granting a Variance to City Code Section 4-6 and waiving the requirements of the City Code and authorizing the sale of alcoholic beverages at a Restaurant for the applicant, Rafael Hernandez of El Real de Jalisco Mexican Restaurant, 0.1685 acres out of NCB 6926, located at 2123 Culebra Road for on-premise consumption within three-hundred (300) feet of Marin B. Fenwick Academy, a public education institution in San Antonio ISD, in Council District 7.
BACKGROUND INFORMATION:
The Texas Alcoholic Beverage Code Ann. 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 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:
The applicant indicated that there have not been on-premise cons...
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