HomeMy WebLinkAbout026602 RES - 01/10/2006A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF
ORDINANCES, TO SCOTT ENTERTAINMENT, INC., TO OPERATE AN
ON- PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED
AT 4650 KOSTORYZ ROAD.
WHEREAS, Scott Entertainment, Inc. ( "Scott Entertainment "), doing business as
Always Bat's, desires to continue operation of a bar on property located at
4650 Kostoryz Road, which is situated within the City of Corpus Christi ( "City ");
WHEREAS, Scott Entertainment desires to allow on- premise sales of alcoholic
beverages at the location;
WHEREAS, the location of Scott Entertainment'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, Scott Entertainment has formally applied to the City for a variance under
Section 4 -5(f);
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, is not in the best interest of the public;
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, constitutes waste or inefficient use of the land because Scott
Entertainment would not be able to open their business;
WHEREAS, Scott Entertainment 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, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, does not serve its intended purpose;
112AF)12
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, is not effective or necessary; and
WHEREAS, Scott Entertainment 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 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
APPROVED AS TO FORM:
(/
I .Jr
Eliz th R. Hundle
Ass ant City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
Henry Garre
Mayor
. 2005
Corpus Christi, Texas
ltp-tk day of
, 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
EHres171 doc
21; f102
State of Texas
County of Nueces
F1NANCE EPAR MLNPUBLISHER'S AFFIDAVIT
06 JAN -5 AM 43
CITY OF CORPUS CHRISTI
ss: Ad # 5376958
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 31ST day(s) of DECEMBER,
2005.
$104.39
MICHELLE JCv E CABRERA
M. COMMIBEION EXPIRES
Match 2008
SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
JANUARY 02, 2006.
Notary Public, Nte#es County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19, 2008.
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