HomeMy WebLinkAbout025433 RES - 08/19/2003RESOLUTION
GRANTING A VARIANCE,
ORDINANCES, TO
ASSOCIATION TO (
BEVERAGE ESTABLI
STREET.
WHEREAS, Corpus Christi Poll
multi-million dollar, multi-entert~
Street, which is situated within t
and
UNDER SECTION 4-5(F), CODE OF
CORPUS CHRISTI POLICE OFFICERS'
IPERATE AN ON-PREMISES ALCOHOLIC
SHMENT LOCATED AT 3122 LEOPARD
;e Officers' Association ("CCPOA") desires to develop a
inment venue on property located at 3122 Leopard
~e corporate limits of the City of Corpus Christi ("City");
WHEREAS, CCPOA desires tolallow on-premises sales of alcoholic beverages at the
location; and
WHEREAS, the location of CCl~OA's proposed business is within 300 feet of a public
school; and i
[
WHEREAS, as allowed under S~ection 109.33(a)(1 ) of the Texas Alcohol and Beverage
,?,ode ("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 o~ alcoholic beverages within the corporate limits of the
City within 300 feet of any public school; and
WHEREAS, Section 109.33(e) ef the TAB Code and Section 4-5(f) of the Code allow
the City Council ("Council"), upqn application of a business regulated by Section 4-5 of
the Code, to grant a variance toithe alcohol regulations contained within the section if
the Council determines that enfemement of the regulation in a particular instance is not
in the best interest of the public,i 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 net effective or necessary, or for any other reason, and,
after consideration of the healthi safety, and welfare of the public and the equities of the
situation, determines it is in the best interest of the community; and
WHEREAS, CCPOA has formally applied to the City for a variance under Section 4-5(f);
and
WHEREAS, CCPOA has based its request on the fact that the property has been
previously licensed for the sale ef alcoholic beverages, and is next door to other
properties that have alcoholic beverage sales;
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
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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 i~ the best interest of the community.
ATTEST~~.~.
Armando Chapa
City Secretary
APPROVED: 14th day of August, 2003.
·
R. ~Y/~eeining J
Acting'City Attorney
THE CITY OF CORPUS CHRISTI
"S~muel L. N~e~l, Jr."'' ',~
Mayor '/
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Corpus Christi, Texas
lffr~'dayof~~ .20o3
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
Bill Kelly
Jessie Noyola
Mark Scott
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