HomeMy WebLinkAbout1602-PDATE: March 15, 2004
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
RE
SUBJECT: Request for the revocation of a specific use permit to allow a drinking place in a GC -
MI) (General Commercial -Multiple Family Dwelling) District.
FILE: 1602-P
STAFF REPORT
The Planning Manager recommends approval of the revocation.
In March, 2001, the City Council approved a specific use permit to Mr. Jerry Jones for a
drinking place at 4345 Eastex Freeway. The specific use permit was approved subject to a
maximum occupancy of 244 persons.
The property is zoned GC -MD (General Commercial -Multiple Family Dwelling) District. As
such, no adult entertainment uses are permitted, At the public hearing on February 20, 2002,
it was understood that there would not be any adult entertainment.
On February 17, 2004, Mr. Jones was arrested in an undercover police investigation for
operating a sexually oriented business without a license, According to the Beaumont Police
Department, persons were found on the premises involved in active prostitution and nudity.
There were numerous other illegal activities discovered as well.
See, 30-26 (h) of the Zoning Ordinance states that "a specific use permit may be revoked or
modified, after notice and hearing, for either of the following reasons:
1. The specific use permit was obtained by fraud or deception; or
2. That one or more of the conditions imposed by the specific use permit has not been met
or has been violated."
The Planning Manager recommends revocation of the specific use permit based upon the fact
that sexually oriented businesses are not permitted in a GC -MD District, The nightclub is in
violation of Section 30-33 (b) 2 of the Zoning Ordinance which states that "eating places (SIC
5812) and drinking places (SIC 5813) that have adult entertainment and video tape rental (SIC
7841) that rents adult video tapes shall not be allowed in the RCR, NC, NSC, GC -MD, GC-
MD-2 and GC-MD-3 districts.
STAFF REPORT continued
Lt. Pat O'Quinn with the Beaumont Police Department will provide specifics on what the
Police Department has found.
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
Being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas,
containing 0.996 acres, more or less.