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Home My WebLink About026226 RES - 04/19/2005 A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF ORDINANCES, TO PASSPORT SEAFOOD CORPORATION TO OPERATE AN ON-PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 5702 SOUTH STAPLES STREET, SUITE #E6. WHEREAS, Passport Seafood Corporation, doing business as Casa De Santiago's, desires to continue operation of a restaurant on property located at 5702 South Staples Street, Suite #E6, which is situated within the City of Corpus Christi ("City"); WHEREAS, Passport Seafood Corporation desires to allow on-premise sales of alcoholic beverages at the location; WHEREAS, the location of Passport Seafood Corporation's proposed business is within 300 feet of a daycare center; 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 daycare center; 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 under 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 re- sources, 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, Passport Seafood Corporation has formally applied to the City for a vari- ance under Section 4-5(f); WHEREAS, Passport Seafood Corporation believes and states that enforcement of the regulation, in this particular instance, is not in the best interest of the public; WHEREAS, Passport Seafood Corporation believes and states that enforcement of the regulation, in this particular instance, constitutes waste and inefficient use of the land and other resources; WHEREAS, Passport Seafood Corporation believes and states that enforcement of the regulation, in this particular instance, creates an undue hardship on the applicant for a license or permit; WHEREAS, Passport Seafood Corporation believes and states that enforcement of the regulation, in this particular instance, does not serve its intended purpose; G 2 CJ '1 (' 0... (_ ) WHEREAS, Passport Seafood Corporation believes and states that enforcement of the regulation, in this particular instance, is not effective or necessary; and WHEREAS, Passport Seafood Corporation requests that the Council grant the vari- ance. 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 and the equities of the situation, 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 waste and inefficient use of the land and other resources and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. SECTION 3. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, creates an undue hardship on the appli- cants for a license or permit and, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community. SECTION 4. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, does not serve its intended purpose and, after consideration of the health, safety, and welfare of the public, grants the vari- ance in the best interest of the community. SECTION 5. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, is not effective or necessary and, 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 . Hundley Assista City Attorney for the City Attorney ,2005 CorRUs Christi, Texas C' J9taay of lrll~ ,2005 The above resolution was passed by the following vote: Henry Garrett (I Uf ~ :~r: ~~ .- (, a-Gj~ CU)e_ WliL f OA'.t(l - - " (L(~lZ.......-- " Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-DIR\eHzabeth\Dept Files\EH Resolutions\EHres 154.doc r. ) ','.' f' Uh.ti,~._ ) - . '. ~'. ;- !l.:;: it ~l . \': ! nf' '~. ~';,'::- F'i-,; \ i I: l...,! . ~ \ t-\ I'\.' - \-.. PUBLISHER'S AFFIDAVIT ~PR \3 M'I 9: 0& ~~ate of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5174727 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE IS HEREBY GIVEN TO THE which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 9TH day(s) of APRIL. 2005. $94.21 bL"tL!W- (jj UuliJO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 11, 2005. /){Of) /? 'l-oYtOa1_ dW'1..eAJ_ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . !lotltrrtav. ADril 9. 2005, C ALL E A - TIM E S TI I ! GIVEN TO TH f PUBLIC that a pub!' . hearing on the reques to consider th ~ variance to operate a on-premises alcohol beverag establishment kx:at at 5702 South Staple Street, Suite E4-6 wi be held by the C Council in the Coon Chambers of City Hall 1201 Leopard, in t City of Corpus Christi Texas on Tuesday, April 19, 2005 dun the regular Counci meeting whlc commences at 10: 8.m. At that time a place any person, party or agent ma appear and be heard t by the said City Counctl. Is! Armando Chapa City Secretary of Co s Chl1sti