From
Monica Espinoza
Title
AV200801 - Alcohol Variance - Tic Toc Food Store (City Council District 3). Alcohol Variance request by Sarad Krishna Manandhar, for alcohol sales within 300 feet of South Grand Prairie High School Located at 3202 Corn Valley Road, legally described as Tract 22, James Ferguson, Abstract 454, PG 505, City of Grand Prairie,Dallas County, Texas, zoned General Retail District.
Presenter
Jonathan Tooley, Planner
Recommended Action
Denial
Analysis
DEPARTMENT: Planning
COUNCIL DISTRICTS IMPACTED: Council District 3
SUBJECT:
Alcohol Variance Case AV200801
SUMMARY:
Consideration of a request granting a variance to authorize the sale of alcoholic beverages at Tic Toc Food Store, located at 3202 Corn Valley Drive, legally described as TR 22, ACS 0.3207, James Ferguson Abstract, City of Grand Prairie, Dallas County, Texas, zoned “GR” General Retail for off-premise consumption within three-hundred (300) feet of South Grand Prairie High School, a public education institution located in Council District 3. The applicant is Sarad Krishna Manandhar.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, §109.33(e) authorizes municipalities to establish a variance process if it is determined that the enforcement of the regulation in a particular instance 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 city council, 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.
The applicant is seeking their first alcohol permit for the Tic Toc Food Store that has been in operation since 1983. Alcohol has not previously been sold at this location and the applicant intends to sell beer and wine for off-premise consumption. Currently, the sale of alcoholic beverages at 3202 Corn Valley Road will violate Title 4, Chapter 109, Subchapter B, §109.33(a)(1) of the Texas Alcoholic Beverage Code. The applicant is requesting a variance to allow the off-premise sale of alcohol within three hundred (300) feet of South Grand Prairie High School, which is accredited and recognized by the Texas Commission of Education. The distance between Tic Toc Food Store and the school property is approximately 73 feet.
Grand Prairie Police Department and Grand Prairie Independent School District have provided City staff with letters of opposition to the granting of this variance.
ALTERNATIVES:
The City may opt not to grant the requested variance, prohibiting the sale of alcohol for off-premise consumption at the Tic Toc Food Store, located at 3202 Corn Valley Road.
STAFF ANALYSIS:
The analysis includes the following findings and factors:
1. The distance from the parcel of which the convenience store will be located.
2. The sale of alcohol is for off-premise consumption only.
Should City Council choose to waive the distance requirement provision, staff recommends the following conditions:
1) That the sale of alcoholic beverages be limited to the convenience store.
2) Alcohol sales will include beer and wine for off-premises consumption only.
3) That the authorization for the sale of alcoholic beverages shall not transfer to different land uses or owners.
4) That such authorization shall terminate in the event of non-operation or non-use of the identified establishments for a period of twelve (12) or more successive months.
5) The hours of operation shall be limited to 7:00AM to 11:00PM, daily.
STAFF RECOMMENDATION:
City staff recommends Denial of AV200801 as requested due to opposition letters received from Grand Prairie Police Department, and Grand Prairie Independent School District.