Resolution - Planning: 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 1915 19th Street, for an alcoholic beverage permit for End Zone #4.
Item Summary
Effective August 8, 2009, Ordinance No. 2009-O0060 Amended Section 14.1.007 (Section 18-11), Alcoholic beverages near church, school, or hospital in Chapter 14, Offenses-Miscellaneous, of the City of Lubbock Code of Ordinance related to businesses who obtain a permit from the Texas Alcohol 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 a school, 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 requirement in the Texas Alcohol Beverage Code.
The request for a variance is from End Zone #4, located at 1915 19th Street which is within 300 feet of a school, Lubbock High School, located at 2004 19th Street. A New World Christian Daycare is also located within 300 feet of the subject property at 1912 19th Street. However, since the request is for off-premise alcohol sales only, the separation requirement from a daycare is not applicable.
A request for a new permit for off-premise alcohol sales at this location is 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 resource; 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.