STRATEGIC PRIORITY: Economic Development
AGENDA DATE: August 10, 2022
COUNCIL DISTRICT(S):|910|DEPARTMENT: Department of Planning and Urban Design
EXECUTIVE: Majed Al-Ghafry
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SUBJECT
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A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from a public school, Hector Garcia Middle 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 [La Lucha, LLC dba Del Sur Tacos] on the northeast corner of East Jefferson Boulevard and East 10th Street - AV212-002 - Financing: No cost consideration to the City
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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 is 300 feet 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 10,000 square feet or more of floor area
(ii) restaurant without drive-in or drive-through service with a food and beverage certificate pursuant ...
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