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 -