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City Council Meeting Minutes September 7, 2021 <br />39. Consider an appeal of the decision of the Planning and Zoning Commission to deny <br />CUP -21-17, a request by John Mark Slack, on behalf of Mr. Exotics Steakhouse, for a <br />new Conditional Use Permit to allow the sale and on -premise consumption of Mixed <br />Beverages at 101 and 105 East Hopkins Street, and provide direction to Staff. <br />MAIN MOTION: a motion was made by Deputy Mayor Pro Tem Scott, <br />seconded by Council Member Garza, to approve the request by John Mark <br />Slack, on behalf of Mr. Exotics Steakhouse, for a new Conditional Use Permit <br />to allow the sale and on -premise consumption of Mixed Beverages at 101 and <br />105 East Hopkins Street. <br />MOTION TO AMEND: a motion was made by Mayor Hughson, seconded by <br />Council Member Baker to insert a new #6 and renumbering the other <br />conditions. #6 will now read: No outside speakers will be allowed. <br />The motion to amend carried by the following vote: <br />For: 7 - Mayor Pro Tem Derrick, Mayor Hughson, Council Member Baker, Council Member <br />Gonzales, Deputy Mayor Pro Tem Scott, Council Member Garza and Council <br />Member Gleason <br />Against: 0 <br />Mayor Hughson inquired how this condition would be enforced. Greg Carr, <br />Neighborhood Enhancement Director stated menus can change and all food <br />items are generic related to environment health requirements so additional <br />language is not necessary. <br />Mayor Hughson and Deputy Mayor Pro Tem Scott withdrew their motion to <br />amend. <br />Mayor Hughson inquired about the mixed beverage late hours permit <br />condition and how late hours is defined. Ms. Mattingly stated late hours <br />continue until 2:00a.m. <br />David Sergi, attorney for Mr. Slack commented that his client is not seeking <br />any late hour permits. <br />MOTION TO AMEND: a motion was made by Mayor Hughson, seconded by <br />Council Member Gleason, to amend by striking "mixed beverage" from item <br />#2 of the Conditional uses. If approved, this section will now read as follows: <br />#2 The applicant shall not apply for a late hours permit from the TABC. <br />The motion to amend carried by the following vote: <br />City of San Marcos Page 23 <br />