HomeMy WebLinkAboutORD 89-41 ORDINANCE NO. 9-y/
ENTITLED AN ORDINANCE . GRANTING A VARIANCE TO
SECTION 3-10 OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT TO ALLOW THE OFF-PREMISE SALE
OF WINE AND BEER AT 4180 PINKSTON DRIVE IN
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Section 3-10 of the Code of Ordinances of the
City of Beaumont prohibits the sale or possession, for the purpose
of sale, any alcoholic beverages within three hundred feet (300 ' )
of any church or public school; and,
WHEREAS, Section 109.33 (e) of the Alcoholic Beverage Code
of Texas provides that the governing body of a city may issue a
variance to the distance regulation if the governing body
determines that - enforcement of the regulation in a particular
incidence 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 body, 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, Roy L. Sanders has made application to the City
of Beaumont for a variance to Section 3-10 of the Code of
Ordinances to allow for the issuance of a retailer' s off-premise
:wire and beer permit at 41080 Pinkston Drive in Beaumont, Texas;
and,
WHEREAS, the City Council finds that the enforcement of
the distance regulation in Section 3-10 of the Code of Ordinances
creates an undue hardship on Roy L. Sanders as an applicant for a
- i 07- l -0 -1
retailer' s off-premise wine and beer permit and does not serve its '
intended purpose;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That a variance to the distance regulation of Section 3-
10 of the Code of Ordinances of the City of Beaumont be granted to
Roy L. Sanders to allow for the issuance of a retailer' s off-
premise wine and beer permit at 4180 Pinkston Drive, Beaumont,
Texas.
,,,,--IASSED BY THE CITY COUNCIL of the Citv of Beaumont this
the ��� day of , 1989.
Mayor -
NORTH r
FILE 492-08
Request {or•Variance to Sec.3-10 City Code. `(
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PinkSton Drive, Roy C. &I'ders. �Y
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