Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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C3 DEVELOPMENT PROCEDURE 3. The conditional use has been discontinued for a period 1. Where a new State TABC license or permit is required for exceeding six months; or a currently licensed or permitted establishment due to a change in the name of the permit holder,the name of the 4. A termination date attached to the conditional use permit business, or the ownership of the business. has passed. 2. Where remodeling occurs which does not involve the C. Suspension. In accordance with the authority granted to expansion of the existing business. municipalities by the state,the City shall have the right to immediately suspend the conditional use permit for any 3. For renewal of a restaurant permit where the applicant property where the premises are determined to be an demonstrates that they are in good standing with all immediate hazard to the health and safety of any person or an requirements under this Development Code and any other immediate danger to any adjacent property.The suspension statute and has not been assessed any violation values shall be for a period not to exceed 24 hours or until the danger under this section. or hazard is removed. B. The Conditional Use Permit shall be issued only to and for the D. Violation. It is unlawful for any person to violate or to cause or benefit of the holder of an alcoholic beverage license or permit permit to be violated any terms or conditions of a conditional issued by the state for the place of business and premises for use permit or upon which a conditional use permit was issued which the conditional use permit is requested. or renewed. For purposes hereof,the term"person"shall include the permit holder,the owner or a manager of the permit C. Variance from the distance requirements For On Premises holder,and any office of the permit holder. Alcoholic Beverage Consumption.Certain businesses applying for a conditional use permit for on-premises alcoholic E. Revocation. The revocation of a Conditional Use Permit beverage consumption may seek a variance from the distance shall follow the revocation procedures established in Section requirements set forth in Section 5.1.5.5, if the business meets 2.3.7.5. all of the following: Section 2.8.3.6 Appeals 1. Bars and package stores are not eligible for this variance. A. The applicant or other person within the personal notification 2. The business seeking the variance is a restaurant that area may appeal the decision of the Planning and Zoning agrees to limit its operation characteristics such that the Commission to grant or deny a permit to the City Council in restaurant shall maintain its business in a manner to insure accordance with Section 2.8.1.1. that its gross revenue from the sale of alcohol shall be less than twenty-five(25) percent of the total gross revenue of B. The Council shall apply the criteria in Section 2.8.3.4 in the business. deciding whether the Planning and Zoning Commission's action should be upheld, modified or reversed. 3. There is a distance of a least two hundred (200)feet from the primary entrance of the applicant business to the C. A super-majority vote in accordance with Section 2.2.4.2 shall primary entrance of the church or school measured using be required to reverse a decision of the Planning and Zoning a straight line. Commission. 4. The business seeking the variance shall comply with all Section 2.8.3.7 Procedures Specific to Conditional Use aspects of the conditional use permit process. Permits for On-Premise Sale of Alcohol 5. All conditional use permits for the on-site alcoholic A. Administrative Approval.The Responsible Official may beverage consumption that include a distance variance administratively approve a renewal or modification of an shall be,for the life of the permit, subject to annual existing conditional use permit under the conditions below. renewal.Variances are non-transferable and separate Otherwise the application shall be considered by the Planning from the conditional use permit.Any hearing concerning a and Zoning Commission in accordance with this section. 2:48 San Marcos Development Code Adopted April 17,2018