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