STRATEGIC PRIORITY: Mobility Solutions, Infrastructure, and Sustainability
AGENDA DATE: May 27, 2020
COUNCIL DISTRICT(S):|910|DEPARTMENT: Department of Sustainable Development and Construction
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, Sam Houston Elementary School as required by Section 6-4 of the Dallas City Code to allow a mixed-beverages permit (Chapter 28 the Texas Alcoholic Beverage Code) for a restaurant without drive-in or drive-through service with a food and beverage certificate [Mario Alfaro's Inc. dba Mario's Mexican and Salvadorian Restaurant] east corner of Cedar Springs Road and Douglas Avenue - AV190-005 - Financing: No cost consideration to the City (This item was deferred by the City Council before opening the public hearing on May 13, 2020, and is scheduled for consideration on May 27, 2020)
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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 open-enrollment charter 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 foll...
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