HomeMy WebLinkAboutR23-603331
RESOLUTION NO. R23-603
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 TEXAS
ALCOHOLIC BEVERAGE CODE §109.33(e) AND ARTICLE 4.03.008 OF
PLAINVIEW CODE OF ORDINANCES FOR THE PROPERTY LOCATED
AT 3019 W. 10TH 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, Melissa Harris with ALMFlavor d/b/a Table on 10th desires to open a
restaurant that allows on -premise consumption of beer and wine and other non-alcoholic
retail items and food at 3019 W. 10th Street 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 school due to the fact that such establishment will be
within three hundred (300) feet of a school; and
WHEREAS, Melissa Harris has given information to the City Council of the City of
Plainview indicating that they will 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 school operations; and
WHEREAS, the Table on 10th Street property line borders property owned by the
Plainview School District, the Table on 10th Street building is actually more than 677 feet
from any school building; and
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WHEREAS, Melissa Harris has provided a letter from the superintendent of the
Plainview Independent School District, the owner of the school within three hundred (300)
feet of 3019 W. loth Street, indicating that the school district does not believe that the
restaurant establishment will interfere with or unduly burden school activities or functions
or otherwise be problematic for the school district; and
WHEREAS, the City Council believes that the enforcement of the three hundred
(300) regulation in this 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 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, THAT:
1. The findings and recitals outlined above are found to be true and correct
and are hereby adopted and approved.
2. 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 for the property located at 3010
W. loth Street, Plainview, Hale County, Texas.
3. This variance shall remain in effect for so long as Table on loth offers on -
premise beer and/or wine retail sales consistent with Melissa Harris'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 9th day of May, 2023.
CITY OF PLAINVIEW, TEXAS
R23-603 Distance Variance Resolution —Table on 10th
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