Title
Consider a request from Luna's Tacos for a variance to Chapter 4, Section 4-3, Code of Ordinance (2018 Edition), which prohibits the sale of alcoholic beverages at a place of business within 300 ft of a public school.
Body
Texas Alcoholic Beverage Code Section 109.33 states that the governing body of a city may enact regulations applicable to the city prohibiting the sale of alcoholic beverages at a place of business within 300 feet of a church, public or private school, or public hospital. Pursuant to Section 109.33, the City previously adopted Section 4-3 of the Code of Ordinances prohibiting the sale of alcoholic beverages within 300 feet of a church, public school, or public hospital.
The City has denied the applicant’s request to sell alcoholic beverages at its place of business (“Luna’s Taco”) due to the place of business being located only 162 feet from a public high school when measured from the property line of the applicant’s business to the property line of the school and only 268 feet when measured from the front door of the business to the property line of the school.
Section 4-4 of the City’s Code of Ordinances allows for variances to Section 4-3 if the City Council determines that enforcement of the applicable section is “not in the best interest of the public, constitutes waste or inefficient use of the land or other resources, 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 the city council, 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.”
The applicant filed a request for a variance on April 11, 2022 with the City Clerk.