HomeMy WebLinkAbout025575 RES - 12/09/2003A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF
ORDINANCES, TO GET HAPPY, L.L.C., TO OPERATE AN ON-
PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT
526 SOUTH STAPLES STREET.
WHEREAS, Get Happy, L.L.C., desires to develop an otherwise vacant and abandoned
building to establish a business on property located at 526 South Staples Street, which
is situated within the corporate limits of the City of Corpus Christi ("City");
WHEREAS, Get Happy, L.L.C., desires to allow on-premises sales and consumption of
alcoholic beverages at the location;
WHEREAS, the location of Get Happy, L.L.C.'s proposed business is within 300 feet of
a church;
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 church;
WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) 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 permit1 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, Get Happy, LL.C., has formally applied to the City for a variance under
Section 4-5(f);
WHEREAS, Get Happy, L.L.C., believes and states that enforcement of the regulation,
in this particular instance, is not in the best interest of the public;
WHEREAS, Get Happy, L.L.C., believes and states that enforcement of the regulation,
in this particular instance, constitutes waste and inefficient use of the land and other
resources; and,
WHEREAS, Get Happy, L.L.C., 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
Mayor
APP OVED AS TO LEGAL FORM: /~--/~/
Elizabeth R. Hundley / ~
Assi~ant City Attorney (' ./
for the City Attorney '~'
,2003
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Corpus Christi, Texas
~ dayof ~e6o,%b-e_F- .,2003
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret[
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scot[
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