Laserfiche WebLink
<br />I <br /> <br />I <br /> <br />I <br /> <br />141 <br /> <br />RESOLUTION NO. 2006-122 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS RATIFYING A SETTLEMENT AGREEMENT <br />WITH LARRY BUMB DIBIAI BUM'S BILLIARDS RELATED TO <br />A CONDITONAL USE PERMIT FOR THE SALE OF ALCOHOLIC <br />BEVERAGES AT 650 E. HOPKINS STREET; AND DECLARING <br />AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Larry Bumb owns the Bum's Billiards business at 650 East Hopkins, and has <br />operated the business under an on-premise alcoholic beverage specific/conditional use <br />permit ("CUP") issued by the City. <br /> <br />2. In November 2005, the San Marcos Police Department notified the Planning <br />and Development Services Department ("PADS") of incidents involving criminal <br />offenses on the premises of Bum's Billiards which may constitute a violation of the <br />conditions of the CUP that was issued to Bum's Billiards. <br /> <br />3. The Director of PADS issued notice of a modified assessment of violation <br />values to Mr. Bumb On January 26, 2006. Pursuant to the Land Development Code <br />("LDC") Section 4.3.4.2(b)(5), the Director of PADS scheduled a revocation hearing on <br />Mr. Bumb's CUP before the Planning and Zoning Commission ("Commission") on the <br />basis of the assessment of six or more penalty points against the CUP in an eighteen <br />month period. <br /> <br />4. The Commission held a public hearing on the revocation at its February 14, <br />2006, meeting and at that meeting the Commission voted to suspend the CUP for two <br />successive weekends, and to attach other conditions to the CUP. Mr. Bumb filed an <br />appeal of the Commission's decision. <br /> <br />5. The City Council conducted a public hearing on the appeal on April 6, 2006. <br />After the hearing, the City Council adopted Resolution No. 200.6-63R imposing a six-day <br />period of suspension of Mr. Bumb's CUP and adding certain conditions to Mr. Bumb's <br />CUP. <br /> <br />6. Mr. Bumb challenged the City Council action in a lawsuit instituted in the 274lh <br />Judicial District Court of Hays County, Texas. No decision on the merits of that lawsuit <br />has been made. <br /> <br />7. The City staff and Mr. Bumb have negotiated the attached Settlement <br />Agreement, and the City Council wishes to approve and ratify that agreement, and <br />modify the conditions of Mr. Bumb's CUP. <br />