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• ORDINANCE NO. 2011 -l0 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE OF THE CITY OF <br />SAN MARCOS, TEXAS AMENDING SECTION 4.3.4.2 OF THE LAND <br />DEVELOPMENT CODE PERTAINING TO THE ISSUANCE OF <br />CONDITIONAL USE PERMITS FOR ON- PREMISES CONSUMPTION <br />OF ALCOHOLIC BEVERAGES IN THE CENTRAL BUSINESS AREA <br />ZONING DISTRICT; INCREASING THE NUMBER OF <br />UNRESTRICTED PERMITS FROM 12 TO 14; PROVIDING THAT <br />CONDITIONAL USE PERMITS FOR ON- PREMISES CONSUMPTION <br />IN THE CENTRAL BUSINESS AREA DISTRICT SHALL BE ISSUED TO <br />AN APPLICANT TO OPERATE WITHIN A PARTICULAR BUILDING; <br />PROVIDING FOR REVOCATION OF PERMITS FOR NON -USE; <br />REMOVING LIMITS ON GROSS RECEIPTS FROM THE SALE OF <br />ALCOHOLIC BEVERAGES PREVIOUSLY APPLIED TO HOLDERS OF <br />RESTAURANT PERMITS; PROVIDING A WAITING PERIOD OF SIX <br />MONTHS FOR THE ISSUANCE OF RESTARUANT PERMITS FOR ON- <br />PREMISES CONSUMPTION OF BEER AND WINE; PROVIDING A <br />WAITING PERIOD OF TWELVE MONTHS FOR THE ISSUANCE OF <br />RESTAURANT PERMITS FOR CONSUMPTION OF MIXED <br />BEVERAGES; PROVIDING THAT THESE WAITING PERIODS SHALL <br />NOT APPLY TO THE SEVEN (7) SPECIFIC ADDRESSES WHERE <br />RESTAURANT PERMITS WERE HELD ON THE DATE OF ADOPTION <br />OF THIS ORDINANCE, HOTELS, MOTELS, OR BED AN BREAKFAST <br />ESTABLISHMENTS, OR TO AN APPLICANT WHO RELOCATES A <br />RESTARUANT WITHIN THE CENTRAL BUSINESS AREA DISTRICT; <br />ELIMINATING GROSS RECEIPTS REPORTING REQUIREMENTS; <br />REDUCING THE REQUIRED NUMBER OF ENTREES FROM EIGHT <br />TO THREE; PROVIDING FOR REVIEW OF THIS ORDINANCE BY <br />THE CITY COUNCIL WITHIN ONE YEAR OF ITS ADOPTION; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF <br />ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE <br />DATE <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Section 4.3.4.2(b)(8) of the Land Development Code is amended as set <br />forth below. Added text is indicated by underlining; deleted text is shown with stfilethfatighs. <br />(8) Limitations in the CBA district. <br />a. - A business in the central business area zoning district that wishes to <br />dispense alcoholic beverages for on- premise consumption, and does not <br />operate a bona fide restaurant on the premises, must apply for, obtain and <br />maintain an unrestricted Conditional Use Permit, to be known as an <br />