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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. `( Rleohol;r goveragcS• $tar 1TowlingCoattr. gISU �l PinkSton Drive, Roy C. &I'ders. �Y VILLAGE SHOPPING CENTER \ r 4, n D -14 BLDG'S C �'' ONcORo"04 � q � 1 GYM MAIN BLDG. BUWLIt,IG CEDER i � BLDG'S Q Q\ 282'8 CENTRAL 9TH GRADE CAMPUS ':x lolj�( �^^✓�s.�4R4 { �.j� �� I