The URL can be used to link to this page

Home My WebLink AboutResolution - 2018-R0384 - Off Campus Convenience Store - Alcohol Variance - 10/25/2018Resolution No. 2018-R0384 Item No. 7.1 October 25, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council, as the governing board of the City of Lubbock, Texas, and pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds and determines herein that it is in the best interest of the community to approve and grant a variance, and hereby grants a variance, from the applicable provisions of City of Lubbock Ordinance No. 2009-00060 at the following location: Off Campus Convenience Store, 1001 University Avenue, Suite 1025, Lubbock, Texas. This variance shall remain in effect for so long as: 1) a Wine and Beer Retailer's Permit [BG], or 2) a subsequent like use, if any, are in effect at the above -referenced location. Passed by the City Council on October 25, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebe I ca Garza, City Secreta APPROVED AS TO CONTENT: l Fawver, Director of Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.Variance-Off Campus 10.08.18 Oct 04, 2018 City Of Lubbock Deptt of Planning and Zoning Lubbock, TX Dear Sir/Madam Request is being made by Humayun Mirza for variance from regulations regarding permit for acquiring On Premises Alcohol permit from TABC for the property situated at 1001 University Ave, Unit 1025, Lubbock, TX 79401. Dba Off Campus Convenience Store. Reason for the variance request is due to the nature of the business at the mentioned property- which has a Convenience Store and a Street Taco resturant, along with the patio with sitting area. Looking f¢rAn and for a favorable consideration! Thank yok Sincerely; Humayu i qrzai 1001 U vpr iy Ayepiue� On it 105 bbo , TX 194O1 806-786-2771 Offcampuscstore@gmail.com m m m ;a A ^1 ^ O Q I loch N ty loon b 2511 y 2S0f 1Jf5 `r N 1201 2420 2421 2419 2417 2422 2417 2116 2115 2416 2417 iN 24L4 2413 N 2113 1412 1410 2409 2409 2406 2407 2405 iu5 2404 2401 24416 24% � C 2322 ^' 2323 2321 2320 2319 2318 3317_ 2.315 51G it.IR 2313 23 u Iig�g'g� 2322 2311 2309 i�t, 2)10 2309 2307 2309 2397 I<H 2306 2305 2305 ��! 2304 2302 2303 2341 2386 230t 1107 2419 2419 N 2414 2412 2411 2409 i O N 2406 2402 2401 2324 2323 i 2324 2321 2322 2320 2319 2320 2319 2317 2)18 2315 co 2314 2314 2313 2322 2312 1310 2308 2309 ~ 23D6 �Av 2302 I i s �.�AICR®1V �! I i ® 0 A C O H M a a A A N. N � ON -PREMISE PREQUALIFICATION PACKET L-ON (1212017) Submit this packet to the proper governmental entities to obtain certification for the type of license/permit for which you are applying as required by Sections 11.37, 11.39, 11.46(b), 61.37, 61.38, 61.42 and Rule §33.13 Contact your local TABC office to verify requirements of Sections 11.391 and 61.381 as you may be required to post a sign at your proposed location 60-days prior to the issuance of your licenselpermit. All statutory and rule references mentioned in this application refer to and can be found in the Texas Alcoholic Beverage Code or Rules located on our website. www.tabc.texas.govllawslcode and_rules.asp T _ LOCATION_INFORMATION . 1. Application for Uf Original p Add Late Hours OnlyLicense/Permit Number ❑ Reinstatement License/Permit Number ❑ Change of Licensed Location license/Permit Number 2. Type of On -Premise License/Permit jK BG Wine and Beer Retailers Permit ❑ LB Mixed Beverage Late Hours Permit ❑ BE Beer Retail Dealer's On -Premise License ❑ Ml Minibar Permit ❑ BL Retail Dealer's On -Premise Late Hours License ❑ CB Caterers Permit ❑ BP Brewpub License ❑ FIB Food and Beverage Certificate ❑ V Wine & Beer Retailer's Permit for Excursion Boats ❑ PE Beverage Cartage Permit ❑ Y Wine & Beer Retailer's Permit for Railway Dining Car ❑ RM Mixed Beverage Restaurant Permit with FB ❑ MB Mixed Beverage Permit ❑ O Pnvate Carrier's Permit — For Brewpubs (BP) with a BG only 3. Indicate Primary Business at this Location ❑ Restaurant ❑ Sporting Arena, Civic Center, Hotel ❑ Bar ❑ Grocery/Market ❑ Sexually Oriented 1541 Miscellaneous'''U/�� 4. Trade Name of Location 5. Location Address City County State Zip Code 6. Mailing Address City State Zip Code riqopy .�-PkSC k- L-tjc �Iy� 7. Business Phone No. Alternate Phone No. E-mail Address L* $ W6--0177/ DC-7V6 -07�d3 8pe of Owner Individual ❑Corporation ❑ Partnership ❑ Limited Liability Company ❑ Limited Partnership ❑ Joint Venture ❑ Limited Liability Partnership Trust 9. Busl ess Owner/Applicant AkM TION ❑ City/CountylUniversity ❑ Other 10. Are you, the applicant a veteran -owned business? O Yes No 11. Are you, the applicant a Historically Underutilized Business (HUB)? OYes4K�No Page 1 of 5 Form L-ON (12/2017) WARNING AND SIGNATURE WARNING: Section 101.69 of the Texas Alcoholic Beverage Code states. "...a person who makes a false statement or false representation in an application for a permit or license or in a statement, report, or other instrument to be filed with the Commission and required to be sworn commits an offense punishable by imprisonment in the Texas Department of Criminal Justice for not less than 2 nor more than 10 years! { 1, UNDER PENALTY OF LAW, HEREBY SWEAR THAT I HAVE READ ALL THE INFORMATION PROVIDED IN THE APPLICATION AND ANY ATTACHMENTS AND T14E INFORMATION 15 TRUE AND CORRECT. I ALSO UNDERSTAND ANY FALSE STATEMENT OR REPRESENTATION IN THIS APPLICATION CAN RESULT IN MY APPLICATION BEING DENIED AND/OR CRIMINAL CHARGES FILED AGAINST ME. I ALSO AUTHORIZE THE TEXAS ALCOHOLIC BEVERAGE COMMISSION TO USE ALL LEGAL MEANS TO VERIFY THE INFORMATION PROVIDED, PRINT SIGN NAME J_t� _ r ay /T1ff12*_ HERE TITLE lY'w /J 4z Before me, the undersigned authority on this day of , 24_, the person whose name is signed to the foregoing application persona' y appeared and, duly sworn by me, states under oath that he or she has read the said application and that all the facts therein set forth are true and correct SIGN HERE: NOTARY PUBLIC SEAL CERTIFICATE OF CITY SECRETARY (FOR MB, RM, V & Y) Section 11.37 1 hereby certify on this day of , 20 , that the location for which the license/permit is sought is inside the boundaries of this city or town, in a "wet" area for such license/permit, and not prohibited by charter or ordinance in reference to the sale of such alcoholic beverages. SIGN HERE TEXAS City Secretary/Clerk City SEAL CERTIFICATE OF CITY SECRETARY (FOR BG & BE) Section 11.37 & 61,37 1 hereby certify on this day of , 20 , that the location for which the license/permit is sought is inside the boundaries of this city or town, in a "wet' area for such license/permit, and not prohibited by charter or ordinance in reference to the sale of such alcoholic beverages Election for given location was held for: ❑ legal sale of all alcoholic beverages ❑ legal sale of all alcoholic beverages except mixed beverages ❑ legal sale of all alcoholic beverages including mixed beverages ❑ legal sale of beer/wine (17%) on -premise AFTER Sept. 1, 1999 ❑ legal sale of beer/wine (14%) on -premise BEFORE Sept. 1, 1999 OR IF ABOVE DOES NOT APPLY: Be advised the location must have had two election passages per Secton 25.14 or Section 69 17 of the TABC Code One for beer and wine off -premise and one for mixed beverage ❑ legal sale of beer and wine for off -premise consumption only AND EITHER: ❑ legal sale of mixed beverages OR ❑ legal sale of mixed beverages in restaurants by food and beverage certificate holders (applicant must apply for FB with BG or BE) SIGN HERE _-, TEXASCity Secretary/Clerk city SEAL Page 3 of 5 Form L-ON (12/2017) CERTIFICATE OF COUNTY CLERK FOR LATE HOURS LICENSEIPERMIT (LB & BL) Cha tars 29 & 70 et seq I hereby certify on this day of , 20 that one of the below are correct; ❑ The Commissioner's Court of the county has by order authorized the sale of mixed beverages between midnight and 2:00 A.M.; or ❑ The Commissioner's Court of the county has by order authorized the sale of beer between midnight and A.M.; or ❑ The population of the city or county where premises are located was 500,000 or more according to the 22n1 Decennial Census of the United States as released by the Bureau of the Census on March 12, 2001; or ❑ The population of the city or county where premises are located was 600,000 or more according to the last Federal Census (2010). SIGN HERE COUNTY County Clerk SEAL COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE Section 111.46 (, & 61.42 (b) �4Y1 This is to certify on this Q_ day of ligc` 201 1E) , the applicant holds or has applied for and satisfies all legal requirements for the issuance of a Sales Tax Permit under the Limited Sales, Excise and Use Tax Act or the applicant as of this date is not required to hold a Sales Tax Permit. Sales Tax Permit Number �2'Q001 q%An -b 1 Print Name of Comptroller Employee —�e Print Title of Co ptroller pl e a� 0 0- SIGN HERE L— SEAL Outlet Number (2 C�jC-)7j FIELD OFFICE JA40iT PUBLISHER'S AFFIDAVIT (FOR MB, LB, RM, BP, BG, BE, BL, V & Y) Section 11.39 and 61.38 Name of newspa er Citv, Count Dates notice published in daily/weekly newspaper (MM/oo/YYYY) ATTACH PRINTED Publisher or designee certifies attached notice was published in newspaper stated on dates shown _ Signature of publisher or designee Sworn to and subscribed before me on this date MM/DD/YYYY� Signature of Notary Public SEAL COPY OF THE NOTICE HERE Page 5 of 5 Form L-ON (12/2017) CITY Or LUBBOCK. ZONING CERTIRCATE DATE: Local Contiicl Nan c:r' iYu A/ 10/1s ZA- Local Contact'felephone No.: Business Uusincss Address: D I .L�.tJ/(/�QS! rCc/�, SrIkCF /OaS QCk_ T IUVA Pin No.: Legal Description ofpr)perty:__ ON PREMISE CONSUMPTION: 11dB1WY_kt:IRCti:.11lthis t dism (check one): ❑ Restaurant ❑ I lolel/Aron:/Civic Center ❑ Dance 111111 (alcoholic leverage side prohibited) ❑ Night Club/Bar/Lounge ❑ Sports Grill ❑ Sexually Oriented Business ❑ Other (dewribe) , Permits Roquigµal (check nil that apply): ❑ Mixed Beverage (MB) ❑ Mixed Beverage Late I lours (LI)) ❑ lievenige Cartage (PF.) ❑ Food & Beverage Cert. (FB) \�CVinc and Beer Retailer's VIG) L ❑ Private Club Beer L Wine (Nil) ❑ Private Club Late Iloans (NL) ❑ Beer Retailer's Un-Premise (OE) ❑ Retail Dealer's On -premise Laic I lours (11L) ❑ Private Clnh (N) ❑ Catering (01) ❑ Mixed Bev. Restaurant w/ Food & Ieverge (RM) ❑ Other (deserilk•) _ Orr PRCnuSE CONSUMPTION: Primary business at this locatino (check onc): (la'Tiatcery 'ulwcnicucc Stun ❑ Drug Store ❑ Other (deserilu)__. Pemii),s Rctt ut estetl (check all that apply): ❑ Beer Retailer's 01111'remise (BI•i ❑ Wine Only Package Store (0) ❑ Local Cartage Tnmslcr Permit (FT) ❑ Other Idescrihc) _ ❑ Package Store (PI ❑ Local Disirihutor(LP) ❑ I'itekage Suarc'rtLsting (PS) ❑ Package Store vac and Beer Retailer's OB=Premise (Bq) Local Cartage (F) Properly Otwter's Nmnc:_::LQ,6A/ 7-- /14C a�/NN Y Property Owner'!, Address:_OD r GC,�lU£P y/ �/' !iz/� t/ OGk 7X 79 0 / �M--- Business Owncr'sN:Inx �!��JiAyr(CN ��/R /DD 1 �� r y p 1,� .tC /Oo2,s; .,LI�X 0 _ 7q o � Bla%Illl'tix (.ilVill'r'\ Ad(Ir tiY:��Lf/�;Ci � � J,. P _ � �.,,,_�_. � Appliennt'sName:_ Applicant's Addr<,.:XS! rh-i C.A 27 _� 418 k k -7?c Applicant's interest in Business/Authority to make application: GrossSil.Footage ofl1uildiom21r1Kx(l.It, zoning Salcs'I'asNo. 20d7 7:L 3 Parking: Parking Ratio Spaces Reyuirt.•d—li_ Spaces Provided Distance from: Church + 2547D 11. School — K7y II. l laspital-� ll. Day/Child Curd- �01. For churches or public hospitals measurement is 11 ntinimunt 3110 li measured Imm lioot door to front door, along the prnpeny lines or the street fmaLs and in a direct line across intersections. For privatc/pabfnc schools. day care centers and child care Ihcilitics measurement is it minimum 301) I) measured in n direct tine front lite nearest property line ofthe school. day/child care laeilily to the nearest property line orthe place ufbusiness. anti in it direct line across nttemectiorm No. oftlumc Machine - Dance Fluor Size Live Frilenninment ❑ Yes ❑ No Z.B.A. Variance Case Nu. (case No. COMMENTS 1 hereby eeoiry that I have read anti fully understand the zoning restrictions and ordivances applicable to [his prupcny anti that till intimnittiou contained herein is true and correct. I further understand that this certificate is issued subject to all applicable regulations of the City of L ubbucl and the viohttiuu of any of lhcsc regulations may result in my being ordered to cease the violation or vacate the premises, its well ns late revocation of this certilicale. 1 understand that if licensed as a restaurant, this certificate only pemniL% me to operate it restaurant with ate incidental right It sell alcoholic beverages, and I certify that is my intent anti purpose to acquiring this certificate. Dane Applicant's Signature_ I hereby certify that impectiutts have been made by applicable City ul' Lubbock departments anti ut the best or my knowledge this rcgacsi carrcnlly complies with till applicable inning regulations of the City of Lubbock. Dale — )'lanning Department Signature— CITY OF LUBBOCK ZONING C)RTIFICATE INVESTIGATIVE INSPECTION FORM Date: Name of Business: ®rF C&fvstllrac� Spa 2 £ Owner or Manager:. 411-IrA`/UAl 441P,2-4 Address (include zip): /6)tq/ !.L'41(yi 15(,rV -AV 5PAeg /0 9J- Lclji;,Qaa ]uz 77V0/ Telephone Number: t�OG - -7 c` % 7 / Type of Busines_s_�testaurant, _ Nigbtclub/Bar/Lounge, Dance Hall, ^ Sports Grill, V'Groce onvcntGce Store; Drug Store,_ Package Store, _ Sexually Oriented Business, _ Ilotcl/Arena/Cwic .en er, — Other (describe) Church or Hospital located within 300 feet: Yes ....—, No Public/Private School or day care/child care facility located within 300 feet: Yes No Please return this form with all approval signatures prior to the issuance of a Zoning Certificate. These signatures are not a substitute for any other required forms. Code Enforcement Department 1625 131" Street Room 105 775-2993 r'cr.^.meats: Date Zoning Certificate Approved: Signature: Building Inspection 1625 13'1' Street, Room 106 775-2087 Comments: Date Certificate of Occ ncy Approved: _ Signature: Health Department 1625 13"' Street, Room 106 775-2116 Comments: Date Health Permit Ap ved: Signature: Fire Marshal 1601 Mac Davis Lane 775-2646 Comments: Date Maximum Oceupat y Approved: _ 4_ Signature: _