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HomeMy WebLinkAbout025323 RES - 05/27/2003A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF ORDINANCES, TO GRAHAM BROTHERS ENTER- TAINMENT TO OPERATE AN ON-PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 4701 SOUTH STAPLES STREET. WHEREAS, Graham Brothers Entertainment ("GBE") desires to develop a multi-million dollar, multi-entertainment venue on property located at 4701 South Staples Street, which is situated within the corporate limits of the City of Corpus Christi ("City"); WHEREAS, GBE desires to allow on-premises sales of alcoholic beverages at the location; WHEREAS, the location of GBE's proposed business is within 300 feet of a public school; WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances ("Code") to prohibit any person from maintaining a business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any public school; WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(0 of the Code allow the City Council ("Council"), upon application of a business regulated by Section 4-5 of the Code, to grant a variance to the alcohol regulations contained within the section if the Council determines that 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, and, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community; WHEREAS, GBE has formally applied to the City for a variance under Section 4-5(f); WHEREAS, GBE believes and states that enforcement of the regulation, in this particu- lar instance, is not in the best interest of the public; WHEREAS, GBE believes and states that enforcement of the regulation, in this particu- lar instance, constitutes waste and inefficient use of the land and other resources; and, WHEREAS, GBE requests that the Council grant the variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, is not in the best interest of the public and, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community. SECTION 2. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, constitutes a waste and inefficient use of land and other resources, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI 'Samuel L. Neal,~Jr. Mayor APPROVED AS TO LEGAL FORM: ElizaDe~ R. Hundley / ' Assistant City Attorney ~/ for the City Attorney ,2003 H/LEG DIR/ellzabeth\Dept FileslEH Resolutions\EHres 132 wpd Corpus Christi, Texas ,2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott