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HomeMy WebLinkAboutORD 89-11 ORDINANCE NO. Z2-1 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 3190 IOLA STREET IN BEAUMONT, 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 efficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not service 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, Hardy Jones, Jr. 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 wine and beer permit at 3190 Iola Street 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 Hardy Jones, Jr. as an applicant for a 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: THAT a variance be granted to Hardy Jones, Jr. to allow for the issuance of a retailer' s off-premise wine and beer permit at 3190 Iola Street, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February 1989. Mayor -