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<br />I <br /> <br />I <br /> <br />I <br /> <br />286. <br /> <br />RESOLUTION NO. 2006- 6LR <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS RELATING TO A CONDITIONAL <br />USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES <br />FOR BUM'S BILLIARDS AT 650 E. HOPKINS STREET; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Larry Bumb (the "Appellant") owns the Bum's Billiards business at 650 East Hopkins, <br />and has operated the business for approximately twelve years under an on-premise alcoholic <br />beverage specific/conditional use permit ("CUP") issued by the City. <br /> <br />2. In November 2005 the San Marcos Police Department notified the Planning and <br />Development Services Department ("PADS") of incidents involving criminal offenses on the <br />premises of Bum's Billiards which may constitute a violation of the conditions of the Appellant's <br />CUP. <br /> <br />3. The Director of P ADS issued notice of a modified the assessment of violation values to <br />the Appellant on January 26,2006. The modified assessment included five incidents and a total of <br />ten penalty points. <br /> <br />4. Pursuant to the Land Development Code ("LDC") Section 4.3.4.2(b)(5) the Director of <br />PADS scheduled a revocation hearing on the Appellant's CUP before the Planning and Zoning <br />Commission ("Commission") on the basis of the assessment of six or more penalty points against the <br />Appellant's CUP in an eighteen month period. <br /> <br />5. The Commission held a public hearing on the revocation at its February 14,2006 meeting, <br />and at that meeting the Commission voted to suspend the CUP for two successive weekends and <br />attach other conditions to the CUP. <br /> <br />6. The Appellant filed an appeal of the Commission's decision with the Director of PADS <br />under LDC Section 1.10.1.2 on March 3, 2006. The Director of PADS compiled all documents <br />constituting the record of the decision on appeal and transmitted the record to the City Council in <br />accordance with LDC Section 1.1 0.1.3(a), and the Director ofP ADS provided notice of the appeal <br />and of a public hearing before the City Council to appropriate persons under LDC Section <br />1.10.1.3(c). <br /> <br />7. The City Council conducted a public hearing on the appeal on April 6, 2006, and the <br />Council finds that the decision of the Commission was validly taken based on a preponderance of the <br />credible evidence, and that the suspension and other conditions attached to the CUP should be <br />upheld, as modified by Part 6 of this Resolution. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />