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ELOPMENT PROCEDURES <br /> - 21 <br /> Section 2.8.3.7Procedures Specific to Conditional Use 4. The business seeking the variance shall comply with all <br /> Permits for On-Premise Sale of Alcohol aspects of the conditional use permit process. <br /> A. Administrative Approval.The Responsible Official may 5. All conditional use permits for the on-site alcoholic <br /> administratively approve a renewal or modification of an beverage consumption that include a distance variance <br /> existing conditional use permit under the conditions below. shall be,for the life of the permit, subject to annual <br /> Otherwise the application shall be considered by the Planning renewal.Variances are non-transferable and separate <br /> and Zoning Commission in accordance with this section. from the conditional use permit.Any hearing concerning a <br /> renewal shall be conducted by the commission who shall <br /> 1. Where a new State TABC license or permit is required for have authority to grant or deny the renewal. <br /> a currently licensed or permitted establishment due to a <br /> change in the name of the permit holder,the name of the D. Procedure. <br /> business,or the ownership of the business. <br /> 1. For each neighboring church or school that is within the <br /> 2. Where remodeling occurs which does not involve the distances of the proposed restaurant, as described in <br /> expansion of the existing business. and measured in accordance with Section 5.1.5.5,the <br /> proposed restaurant shall present a letter describing the <br /> 3. For renewal of a restaurant permit where the applicant operation characteristics of the restaurant and shall obtain <br /> demonstrates that they are in good standing with all a statement signed by the governing officer of the board <br /> requirements under this Development Code and any other of any such church or school stating that the church <br /> statute and has not been assessed any violation values or school does not oppose the granting of the distance <br /> under this section. variance based on the operation characteristics stated in <br /> B. The Conditional Use Permit shall be issued only to and for the the letter. <br /> benefit of the holder of an alcoholic beverage license or permit 2. The business must agree, in writing,to restrict its <br /> issued by the state for the place of business and premises for operation characteristics as set forth in the request to <br /> which the conditional use permit is requested. the church or school, as may have been set forth in <br /> C. Variance from the distance requirements For On-Premises the request to the church or school.These operating <br /> Alcoholic Beverage Consumption. Certain businesses characteristics shall be included in the conditional use <br /> applying for a conditional use permit for on-premises alcoholic permit. <br /> beverage consumption may seek a variance from the distance 3. The business shall agree to file an annual report, due <br /> requirements set forth in Section 5.1.5.5, if the business meets forty-five (45) days before the hearing on the annual <br /> all of the following: conditional use permit renewal, setting forth the gross <br /> 1. Bars and package stores are not eligible for this variance. sales of the business and the gross sales derived from the <br /> sale of alcoholic beverages. <br /> 2. The business seeking the variance is a restaurant that <br /> agrees to limit its operation characteristics such that the E. Hearing. <br /> restaurant shall maintain its business in a manner to insure 1. The Planning and Zoning Commission shall hold a hearing <br /> that its gross revenue from the sale of alcohol shall be less to consider the applicant's request for variance. <br /> than twenty-five (25) percent of the total gross revenue of <br /> the business. 2. All property owners within two hundred (200)feet shall be <br /> notified and, in addition, all public and private schools and <br /> 3. There is a distance of a least two hundred (200)feet from churches within three hundred (300)feet shall be notified. <br /> the primary entrance of the applicant business to the <br /> primary entrance of the church or school measured using 3. At the conclusion of the hearing on the initial application <br /> a straight line. for a variance,the Planning and Zoning Commission shall <br /> 2:54 Amended:September 1, 2020 <br />