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281 . Special Meeting April 6, 2006 Page 3 Mayor Narvaiz introduced a public hearing and adoption of Resolution, the I caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, RELATING TO A CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES FOR BUM'S BILLIARDS AT 650 E. HOPKINS STREET; AND DECLARING AN EFFECTIVE DATE. Mayor Narvaiz stated she was provided procedures for the CUP public hearing. She stated this was a public hearing, not a trial. She stated she will open the public hearing and citizens will be allowed to speak for three minutes. She will then close the public hearing once the citizen's have spoken. She stated she will then reopen the public hearing and allow Lamar Hankins, Mr. Bumb's attorney, to speak for 10 minutes. Mayor Narvaiz opened the public hearing and asked if anyone wished to speak. 1) Charles Simms stated he feels the CUP process is null and void because the State of Texas holds authority regarding the regulation of alcohol. He stated he also feels the Planning and Zoning Commission (P&Z) hearing did not provide Mr. Bumb a fair process. He stated Mr. Bumb was not allowed to ask questions or cross-examine witnesses. Mayor Narvaiz asked if anyone else wished to speak. No one did, so Mayor Narvaiz closed the public hearing. Mayor Narvaiz reopened the public hearing. Lamar Hankins, Attorney for II Lawrence Bumb, he stated he objects to reversing procedures of this meeting from what he was originally advised him. He stated he feels the City has denied staff members from being witnesses. He stated he was not allowed the opportunity to present evidence at the Planning and Zoning Commission hearing. He provided the Council with a copy of Chief Justice McCloud's opinion on the J. B. Advertising Inc., et al. vs. Sign Board of Appeals, et al. He stated he feels this case has precedent for quasi- judicial/administrative hearings. He stated he feels Mr. Lawrence Bumb, owner of Bum's Billiards, was denied due process. He stated Mr. Bumb did not knowingly and willingly allow people to sell drugs in his parking lot in their private vehicles. He stated he feels it is unfair for the Assistant City Attorney to be allowed to be the advisor to the Planning Director, Planning & Zoning Commission and the Municipal Court Judge. Mayor Narvaiz closed the public hearing. Mr. Bose moved for adoption of the Resolution, and Mr. Thomaides seconded the motion. Mr. Taylor stated Council does have the right to hear this case. He stated an establishment's ability to serve alcohol is a privilege, not a right. Carol Barrett, Director of Planning Development, stated the Land Development Code provides the appeal to the Council of Planning and Zoning Commission decisions involving the proposed revocation of conditional use permits. She reviewed the 5 incidents, which were involved in the modified I points of assessment, the applicants operating standards and the evidence of violation of the operating standards for each incident. Mr. Thomaides inquired as to the speaker's comment regarding the State of Texas holds authority regarding the regulation of alcohol and not Cities. Mr. Taylor