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<br /> <br /> <br />222. <br /> <br /> <br /> <br />ORDINANCE NO. 2001- 86 <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING SECTION 114.578 OF <br />THE ZONING CHAPTER OF THE CITY CODE TO REVISE <br />REGULATIONS PERTAINING TO ALCOHOLIC BEVERAGE <br />SPECIFIC USE PERMITS IN THE CENTRAL BUSINESS <br />AREA ZONING DISTRICT; INCLUDING PROCEDURAL <br />PROVISIONS; AND PROVIDING FOR PENALTIES. <br /> <br /> <br />RECITALS: <br /> <br />1. The City Planning and Zoning Commission conducted a public hearing on October 23, <br />2001 on a proposed amendment to Section 114.578 of the Zoning Chapter of the City Code to <br />revise regulations pertaining to alcoholic beverage specific use permits in the Central Business <br />Area Zoning District. <br /> <br />2. The Planning and Zoning Commission voted on October 23, 2001 to recommend the <br />proposed amendment for adoption by the City Council. <br /> <br />3. The City Council conducted a public hearing on the proposed changes on November <br />26,2001. <br /> <br />4. The City Council finds and determines, based on information from the Planning and <br />Development Services Department staff and Downtown Association representatives, that a) a <br />total of fifteen alcoholic beverage specific use permits are currently held by businesses in the <br />Central Business Area zoning district; b) of the total of fifteen alcoholic beverage specific use <br />permits currently held in the Central Business Area zoning district, twelve are held by businesses <br />that would require an unrestricted permit under the terms of this ordinance, and three are held by <br />businesses that would qualify for restaurant permits under the terms of this ordinance; and c) the <br />maximum number of businesses in operation at anyone time that would have required an <br />unrestricted permit under the terms of this ordinance, since the time the Zoning Chapter of the <br />City Code was amended to limit the total number of businesses serving alcoholic beverages for <br />on-premise consumption in the Central Business Area zoning district, has been twelve. <br />Therefore, limiting the number of businesses that have an unrestricted permit under the terms of <br />this ordinance to twelve, while authorizing additional restaurant permits under the terms of this <br />ordinance, does not have the effect of imposing additional restrictions on businesses serving <br />alcoholic beverages in the Central Business Area zoning district. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Subdivision (l)d, (6)d and (7) of subsection (c) of Section 114.578 of the <br />Zoning Chapter of the City Code are amended as follows (underlining indicates added text; <br />overstrike indicates deleted text): <br /> <br />Sec. 114.578. Conditions of specific use. <br /> <br />C:\TEMP\Zoning downtown T ABC amdmt 12-11-0 I.doc <br /> <br />Page 1 <br />