Agenda - View Meetings (All)

AI# 11096 Image of Lubbock City Logo 2021

Regular City Council Meeting

6.3.

11/01/2022:

Information

Agenda Item

Resolution - Planning (District 2): Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provision of the City of Lubbock Ordinance No. 2009-O0060, at 5101 Avenue Q, Suite A, for an alcoholic beverage permit for Tipsy's Sports Grill and Bar.

Item Summary

Effective August 8, 2009, Ordinance No. 2009-O0060 amended Section 14.01.007 (Section 18-11). Alcoholic beverages-Sale near church, school or hospital, in Chapter 14, Offenses-Miscellaneous, of City of Lubbock Code of Ordinances, related to businesses who obtain a permit from the Texas Alcoholic Beverage Commission (TABC) for the sale of alcohol.

As part of the ordinance, the City Council adopted a standard which prohibits any business that is within 300 feet of any school or daycare, measured from property line to property line, from having a permit issued by TABC. The City Council may consider a variance to the 300-foot in the Texas Alcoholic Beverage Code.

The request for a variance is from Tipsy's Sports Grill and Bar, located at 5001 Avenue Q, Suite A, which is within 300 feet of a public school, Hodges Elementary.

A request for a new permit for on-premise alcohol sales at this location is now pending, and requires a separation variance request. The City Council has wide discretion in considering whether to grant a variance. The following may be considered by the City Council (as noted by the State of Texas statue providing for the variance process):

1) The enforcement of the regulation in a particular instance is not in the best interest of the public;
2) The regulation constitutes waste or inefficient use of land or other resources;
3) The regulation creates an undue hardship on the applicant, does not serve its intended purpose or is not effective or necessary;
4) The variance may be granted for any other reason, after consideration of the health, safety and welfare of the public and the equity of the situation, if the governing body finds it to be in the best interest of the community.

Fiscal Impact

None

Staff/Board Recommending

Erik Rejino, Assistant City Manager
Kristen Sager, Director of Planning

Attachments

Resolution Tipsy's Sports Grill

Tipsy's Zoning certificate

Tipsy's Applicant Letter

Tipsy's Parking Plan

TABC application

LISD letter to the City of Lubbock_RE Alcohol Variance, Tipsy's

Tipsy's map