From
Chris Hartmann
Title
AV190801 - Alcohol Variance - Boiling King Crab (City Council District 2) requested by Warren Cohen for a Restaurant with on premise alcohol sales within 300 feet of school (Moore Elementary School), Lot 1R, Block A, Epic West Towne Crossing, PH 1 Addition, Dallas County, City of Grand Prairie, Texas, located at 3136 S SH 161, Ste. 200
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request granting a variance to authorize the sale of alcoholic beverages on Lot 1R, Block A, Epic West Towne Crossing Phase 1, located at 3166 South State Highway 161 Suite 340, zoned “PD-364” Planned Development 364 District for on-premise consumption within three-hundred (300) feet of Moore Elementary School, a public education institution located in Council District 2. The applicant is Warren Cohen.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, §109.33(e) of the Texas Alcoholic Beverage Code authorizes a municipality that has enacted a prohibition on the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a public or private school to grant variances to that regulation 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 City has enated a prohibition on such sales, and provided for the grant of variances to that prohibition, in Article 4, Section 8, of the Unified Development Code ("UDC").
The applicant is seeking their first alcohol permit for the Boiling King Crab that will be located in the Epic West Town Crossing shopping center. Alcohol has not previously been sold at this location and the applicant intends to sell beer, wine and mixed drinks, for on-premise consumption. Currently, the sale of alcoholic beverages at the subject property will violate Article 4, Section 8, of the UDC. The applicant is requesting a variance to allow the off-premise sale of alcohol within three hundred (300) feet of Moore Elementary School, which is accredited and recognized by the Texas Commission of Education. The Boiling King Crab and the school share a property line to the east.
ALTERNATIVES:
The City may opt not to grant the requested variance, prohibiting the sale of alcohol for on-premise consumption at the Boiling King Crab, located at 3166 S SH 161, Suite 200.
STAFF ANALYSIS:
The analysis includes the following findings and factors:
1. The actual distance between the school property and the restaurant location.
2. The sale of alcohol is for on-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 Boiling King Crab within the suite listed above.
2) Alcohol sales will include beer, wine and mixed drinks for on-premises consumption only.
3) That the authorization for the sale of alcoholic beverages shall not transfer to different land uses or business operators, and each new operator shall be required to obtain a variance before serving alcohol.
4) That such authorization shall terminate in the event of non-operation or non-use of the location by Boiling King Crab for a period of twelve (12) or more successive months.
5) Alcohol shall not be served after 10pm.
6) The sale of alcohol equal to or exceeding 75% of overall sales will require a Specific Use Permit.