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<br />ORDINANCE 2007-49 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 4, ARTICLE III, USE <br />REGULATIONS, TO ADD PROCEDURES FOR OBTAINING A <br />VARIANCE FROM CERTAIN DISTANCE REQUIREMENTS WITH <br />REGARD TO A CONDITIONAL USE PERMIT FOR ON PREMISE <br />CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING <br />PROCEDURAL PROVISIONS, AND PROVIDING FOR A PENALTY <br /> <br />RECITALS: <br /> <br />1. In accordance with S 109.33 of the Texas Alcohol Beverage Code, Section <br />4.3.4.2 of the City of San Marcos Land Development Code requires that any new <br />businesses serving alcohol for on premise consumption must be located at a minimum <br />distance from any school or church. State law provides that the governing body of a <br />City may grant a variance from this procedure; however, the City's Land Development <br />Code does not provide for a variance from this distance requirement. <br /> <br />2. On July 10, 2007, the Planning and Zoning Commission conducted a public <br />hearing to consider amending the Land Development Code to provide procedures to be <br />followed by a business seeking a variance from the distance requirements that are part <br />of the conditional use permit application for on premise consumption of alcoholic <br />beverages. On July 10, 2007, the Planning and Zoning Commission voted to approve <br />the procedures and send their recommendation to the City Council for the Council's <br />approval. <br /> <br />3. The City Council conducted a public hearing on the amendments on August <br />6, 2007. <br /> <br />4. All applicable requirements of the Land Development Code and of Chapters <br />211 and 212 of the Texas Local Government Code pertaining to subdivision and zoning <br />ordinance amendments have been met, and the City Council finds and determines that <br />the adoption of this ordinance is in the interest of the public health, morals, welfare and <br />safety. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTON 1. Chapter 4, Article 3, Division 4 is amended as follows (underline <br />denotes added text): <br /> <br />4.3.4.2 Conditional Use Permit for On-Site Alcoholic Beverage Consumption <br /> <br />(b) Establishments dispensing alcoholic beverages for on-premises <br />consumption. Specific use conditions for establishments dispensing alcoholic <br />beverages for on-premises consumption are as follows: <br />