G-93-06-24-8C - 6/24/1993ORDINANCE NO. C l " O - '7` - 8 L°
AN ORDINANCE GRANTING A VARIANCE TO THE PROVISIONS OF
CHAPTER 1, SECTION 1.803, CODE OF ORDINANCES (1990 EDITION),
CITY OF ROUND ROCK, TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES AT A LOCATION WITHIN THREE HUNDRED FEET (300')
OF A PUBLIC SCHOOL; REPEALING CONFLICTING ORDINANCES
AND PROVIDING FOR A SAVINGS CLAUSE.
WHEREAS, Ricardo Rodriguez, d/b/a Mr. Taco ("Applicant") owns a
business located at 1233 Round Rock Avenue, which is located within
300 feet of the Round Rock High School, and
WHEREAS, Applicant has requested a variance to S 1.803 Code of
Ordinances (1990 Edition), in order to allow the sale of alcoholic
beverages at his place of business, and
WHEREAS, the City Council finds and determines that § 1.803
creates an undue hardship for the Applicant in that alcoholic
beverages are presently being sold at three other businesses which are
located within 300 feet of the Round Rock High School, and
WHEREAS, after consideration of the health, safety and welfare of
the public and the equities of the situation, the Council determines
that the granting of the variance is in the best interest of the
community, NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, THAT:
I.
The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and
are incorporated by reference herein and expressly made a part hereof,
as if copied verbatim.
GJ/Ordinance/OR06103H
II.
In accordance with § 1.804, a variance to § 1.803 is hereby
granted to Ricardo Rodriguez d/b/a Mr. Taco to permit the sale of
alcoholic beverages at 1233 Round Rock Avenue.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this ordinance
shall not invalidate other sections or provisions thereof.
Alternative 1
By Motion duly made, seconded and passed with an affirmative vote
of all Council Members present, the requirement for reading this
ordinance on two separate days was dispensed with.
READ, PASSED and ADOPTED on first reading this the `t 1 day
of L,1 C uQ_J , 1993.
Alternative 2
READ and APPROVED on first readying this day of
, 1993.
of
READ, APPROVED and ADOPTED on second reading this day
ATTEST:
, 1993.
fi/n/rub lea/n
E LAND, City Secretary
2.
CHARLES CULP P " R, Mayor
City of Round Rock, Texas
May 24, 1993
Ms. Joanne Land
Assistant City Manager
221 East Main St
Round Rock, Tx. 78664
Re: 1233 Round Rock Avenue
Round Rock, Tx. 78681
Dear Ms. Land:
This letter is to request a variance to City Ordinance 2073,
Chapter 1, section 8, subsection C (4) to sell alcholic bevera-
ges within 300 feet of a public school. I would appreciate it if
you would expedite this request due to the fact we have opened
the store and obtained a State of Texas Off Premise Beer and Wine
License.
It was my understanding that when the City Manager signed the
State of Texas application, that certified to the State that we
were in compliance with all municipal ordinances and regulations.
We submitted the application to the City with a letter attached
that was sent to the Principal of Round Rock High School informing
him that we were within 300 feet of the school. I personally met
with several members of the School Board to discuss the license
and we agreed to modify the joint use driveway in return for the
School Board not opposing our application. With the compromise, I
thought it ended any objections the City had. We at no time con-
cealed the fact we were within 300 feet of the school.
I hope this will clarify the matter. Please let me know when this
item is posted for Council action. If you have any questions fee
free to call me at 255-9473.
7.>
DATE: June 22, 1993
SUBJECT: City Council Meeting, June 24, 1993
ITEM: 8.C. Consider an ordinance granting a variance to Ordinance No. 2073, to allow
the selling of alcoholic beverages within 300 feet of a public school as
requested by Ricardo Rodriquez (Mr. Taco). (First Reading) (Withdrawn
6/10/93)
STAFF RESOURCE
PERSON: Joe Vining
STAFF
RECOMMENDATION: Approval
BACKGROUND:
Ordinance 2073 adopted November 10, 1983, prohibits the sale of alcoholic beverages within three
hundred feed (300') of a church, public school, or hospital. The ordinance provides a method for
measuring these distances and specifies the most stringent conditions for a public school. The
ordinance also provides for variances as follows:
The Council of the City of Round Rock may allow variances to the provisions of
subsection C., above, if the Council determines that enforcement of that subsection
is not in the best interest of the pubic, constitutes waste or inefficient use of the 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 Council of the City of Round Rock, after consideration of the
health, safety and welfare of the public and the equities of the best situation,
determines is in the best interest of the community.
ANALYSIS:
The applicant, Ricardo Rodriquez is seeking this variance to permit the sale of beer and wine at his
restaurant, "Mr. Taco", located at 1233 Round Rock Avenue. This site is across Lake Creek
Drive, east of the Round Rock High School property. Beer and wine is already being sold in at
least three locations within 300' of the school property; namely, the 7-11, Texaco and Pizza Hut.
Liquor was also previously sold in the same commercial center as the 7-11. The Pizza Hut located
is closer to the school buildings than the applicant's property.
The recommendation is based primarily on the equity of the situation. As previously stated,
alcoholic beverages can be purchased at three other locations and the denial of this variance would
serve no intended purpose by totally removing the availability of alcoholic beverages in the
restaurant.
ECONOMIC IMPACT: Increased Sales Tax Revenue.