PILLAR: Growing
AGENDA DATE: September 23, 2026
COUNCIL DISTRICT(S): 4
DEPARTMENT: Department of Planning and Development
PRIORITY: Comprehensive and Land Use
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SUBJECT
Title
A public hearing to receive comments on an application for and a resolution granting a variance to the alcohol spacing requirements from a church [Steven Temple Church] as required by Section 6-4 of the Dallas City Code to allow a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code, for a restaurant without drive-in or drive-through service with a food and beverage certificate [La Reyna Rental Properties, LLC - DBA La Reyna’s Micheladas], on the southeast corner of Alabama Avenue and East Saner Avenue - AV256-004/CPR-26-000301 - Financing: No cost consideration to the City
*In alignment with ForwardDallas.
Body
BACKGROUND
Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement between the place of business where alcoholic beverages are sold and a church is 300 feet, measured along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
The standard for approval of the variance is that:
A. the application is for one of the following permits pursuant to the following chapters of the Texas Alcoholic Beverage Code:
(i) a brewer’s permit, Chapter 12;
(ii) a distiller’s and rectifier’s permit, Chapter 14;
(iii) a winery permit, Chapter 16;
(iv) a wine and beer retailer’s permit, Chapter 25;
(v) a wine and beer retailer’s off-premise permit, Chapter 26;
(vi) a mixed beverage permit with a food and beverage certificate, Chapter 28; or
(vii) a manufacturer’s license, Chapter 62.
B. the application is for one of the following land uses:
(i) general merchandise or food store use with 10,000 square feet or more of floor area
(ii) restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;
(iii) alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery; or
(iv) alcoholic beverage manufacturing.
C. alcoholic beverages will not be sold by drive-in or drive-through service; and
D. enforcement of the spacing requirements in this particular instance:
(i) is not in the best interest of the public;
(ii) constitutes waste or inefficient use of land or other resources;
(iii) creates an undue hardship on an applicant for an alcohol permit;
(iv) does not serve its intended purpose;
(v) is not effective or necessary; or
(vi) for any other reason that the City Council, 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.
A complete [corrected] application for a waiver of the spacing requirements was submitted on July 19, 2024, by La Reyna Rental Properties, LLC [DBA La Reyna’s Micheladas]. Steven Temple Church, a church located on the southwest corner of Arizona Avenue and East Saner Avenue, creates the need for the variance.
The request site is zoned a CR Community Retail District and is developed with a restaurant without drive-in or drive-through service. The church is located across the alley to the east of the restaurant. While the door-to-door measurement from the restaurant to the church is 175 feet, per the survey provided with the application for variance, due to the location within a commercial corridor, staff has no objection to this request.
This item requires two seconds to pass.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 9, 2009, the City Council approved an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code, establishing authority and procedures for City Council to grant an application for a variance to the spacing requirements for an alcohol business from a public or private school pursuant to Texas Alcoholic Beverage Code Section 109.33(e), by Resolution No. 09-2831; Ordinance No 27747.
On October 26, 2011, September 26, 2012, and January 22, 2014, the City Council authorized an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code to amend the standards for approval of applications for variances from the spacing requirements for alcohol permits by Ordinance Nos. 28444, 28799, and 29261.
FISCAL INFORMATION
No cost consideration to the City.
OWNER/EXECUTIVE
La Reyna Rental Properties, LLC
Reyna Solorzano, Owner
MAP
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