HomeMy WebLinkAboutR22-559491
RESOLUTION NO. R22-559
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS, REGARDING A VARIANCE TO THE DISTANCE
REQUIREMENTS FOR THE SALE OF ALCOHOL UNDER ARTICLE
4.03.008 OF PLAINVIEW CODE OF ORDINANCES FOR THE
PROPERTY 623 BROADWAY STREET, PLAINVIEW, TEXAS.
WHEREAS, the Texas Alcoholic Beverage Code §109.33(a) allows the governing
body of a municipality to enact regulations prohibiting the sale of alcoholic beverages by
a dealer whose place of business is within 300 feet of a church, public or private school,
or public hospital; and
WHEREAS, the City Council of the City of Plainview previous adopted regulations
pursuant to Texas Alcoholic Beverage Code §109.33(a) prohibiting the sale of alcoholic
beverages by a place of business within three hundred (300) feet of any church, public
school or public hospital as codified in Plainview Code of Ordinances §4.03.008; and
WHEREAS, the Texas Alcoholic Beverage Code §109.33(e) allows the governing
body of a municipality town that has enacted such a regulation to grant variances to the
regulation if the governing body 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 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 governing board, after consideration of the health, safety, and welfare
of the public and the equities of the situation, determines is in the best interest of the
community; and
WHEREAS, David Greve with Plainview Brewery desires to open a retail craft
brewery establishment that sells beer, wine and other non-alcoholic retail items and food
at 623 Broadway Street in the downtown area and has requested a variance from the
requirement that any establishment that sells any alcoholic product be located at least
three hundred (300) feet from a church due to the fact that such establishment will be
within three hundred (300) feet of a church; and
WHEREAS, Plainview Brewery has given information to the City Council of the
City of Plainview indicating that they will be selling beer and wine for retail sales for on -
premise consumption at this location only and will establish business hours and
regulations so as not to unduly interfere with other establishments located close by
including indicating that they will not be open on Sundays; and
WHEREAS, the City Council believes that the establishment being promoted by
Plainview Brewery will be beneficial to Plainview's Historic Downtown by attracting
visitors, business and creating quality of life events; and
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WHEREAS, the City Council believes that the enforcement of the three hundred
(300) feet regulation in a particular instance is not in the best interest of the public,
constitutes waste or inefficient use of land or other resources, creates an undue hardship
on requestor and is not necessary after taking into consideration the health, safety, and
welfare of the public and the equities of the situation;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW:
1. THAT the findings and recitals outlined above are found to be true and
correct and are hereby adopted and approved.
2. THAT the City Council, as the governing board of the City of Plainview,
Texas, and pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, after
consideration of the health, safety, and welfare of the public and the equities of the
situation, finds and determines herein that it is in the best interest of the community to
approve and grant a variance, and hereby grants a variance, from the applicable
provisions of Plainview Code of Ordinances §4.03.008 at 623 Broadway Street,
Plainview, Hale County, Texas.
3. THAT, this variance shall remain in effect for so long as Plainview Brewery
offers on premise beer and/or wine retail sales consistent with Plainview Brewery's
application for an alcohol beverage license from the Texas Alcohol and Beverage ,
Commission as attached hereto and incorporated herein as though set forth fully herein.
Approved by the City Council of the City of Plainview, Texas, this 12th day of April, 2022.
ATTEST:
/ v 45C
Belinda H' osa, City Secretary
CITY OF PLAINVIEW, TEXAS
Charles St rues, Imayor
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Distance Variance Resolution — Plainview Brewery
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