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Ord 2016-023/amending Section 4.3.4.2 of the Land Development Code to increase the limit on the number of restaurant type (restricted) conditional use permits for the sale of alcoholic beverages for on-premises consumption in the Central Business Area
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Ord 2016-023/amending Section 4.3.4.2 of the Land Development Code to increase the limit on the number of restaurant type (restricted) conditional use permits for the sale of alcoholic beverages for on-premises consumption in the Central Business Area
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8/19/2016 2:07:30 PM
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8/19/2016 11:09:49 AM
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City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
2016-23
Date
8/2/2016
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( "Limit in the CBA district ") for the issuance of certain <br />Conditional Use Permits through an administrative process, <br />the Director shall place the application on the Planning and <br />Zoning Commission calendar for its consideration and <br />notify all landowners within 200 feet of the site. <br />C. The Planning and Zoning Commission shall hold a public <br />hearing when considering an application for a Conditional <br />Use Permit and when considering a request for a variance <br />from the distance requirements set forth in 4.3.4.2(b)(2). <br />The Commission shall hold a public hearing to consider the <br />request for renewal of any CUP subject to a variance <br />granted under this section. <br />d. The Commission shall act on a completed application <br />within 30 days of the submission of the application to the <br />Director, unless an application is placed on a waiting list <br />for consideration of permits in the CBA district when the <br />limit of 14 unrestricted Conditional Use Permits or 44. 25 <br />restaurant Conditional Use Permits has been reached, or <br />unless an application is delayed at the request of the <br />applicant. When a permit is authorized by the commission, <br />it shall be issued by the Director only after a TABC license <br />or permit is issued to the applicant by the state, and a copy <br />of the license or permit is submitted to the Director. <br />SECTION 3. Section 4.3.4.2(b)(8)c. is amended as follows: <br />C, The following provisions apply to restaurant permits: <br />1. Restaurant permits are valid for three years from date of issuance. <br />Each business holding a restaurant permit must apply for and <br />obtain a renewal permit every three years, no later than the <br />expiration date of the current permit. A renewal permit for a <br />current permit holder may be administratively issued if the <br />applicant has complied with all of the provisions of this Chapter, <br />all provisions of the permit, and any other applicable statutes <br />during the previous permit period, and has not been assessed any <br />violation values under this section. Otherwise, the application for <br />the renewal permit shall be considered by the Commission after a <br />public hearing. <br />2. A business holding a restaurant permit must become operational <br />and open to the public within one year of issuance, or the permit <br />shall expire. Upon request of the permit holder for good cause, the <br />Director may permit one six -month extension. A restaurant permit <br />
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