STRATEGIC PRIORITY: Economic Development
AGENDA DATE: August 28, 2024
COUNCIL DISTRICT(S):|910|DEPARTMENT: Department of Planning and Development
EXECUTIVE: Robin Bentley
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SUBJECT
Title
A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from a public school (James S. Hogg Elementary School) 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 (Chef Luke Rogers LLC - DBA Swank - A Neighborhood Restaurant) on the west line of North Beckley Avenue, between North Madison Avenue and Eldorado Avenue - AV234-002 - Financing: No cost consideration to the City
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 public school is 300 feet, measured in a direct line from the property line of the public school to the property line of the place of business.
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,...
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