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    7. 11.    
Regular City Council Meeting
Meeting Date: 10/13/2020  

Information
Agenda Item
Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provisions of the City of Lubbock Ordinance No. 2009-O0060, at 301 North University Avenue, for an alcoholic beverage permit for One Stop.
Item Summary
Effective August 8, 2009, Ordinance 2009-O0060 amended Section 14.01.007 (Section 18-11), Alcoholic beverages - Sale near church, school or hospital, in Chapter 14, Offenses - Miscellaneous, of the City of Lubbock Code of Ordinances, related to businesses that 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 rule as set forth in the Texas Alcoholic Beverage Code.

This request for a variance is from One Stop, located at 301 North University Avenue. This location is within 300 feet of a school, Cavazos Middle School. Although the attached map shows a church within 300 feet of the property at 2508 Bates Street, the separation for churches and hospitals is measured between the front doors of each property, while traveling along a legal pedestrian path. Therefore, using this method, the church is approximately 700 feet away from the subject property.

Lubbock ISD Superintendent, Dr. Kathy Rollo, and Chief Operations Officer, Rick Rodriguez, have been notified in writing of this request.

A request for a new permit for off-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 statute 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
Jesica McEachern, Assistant City Manager

Attachments
Resolution - One Stop
Map - One Stop
Documentation - One Stop

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