HomeMy WebLinkAboutResolution - 2018-R0435 - Alcohol Variance - King Louie's. - 12/06/2018Resolution No. 2018-RO435
Item No. 7.13
December 6, 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:
King Louie's, 7604 Milwaukee Avenue, Lubbock, Texas. This variance shall remain in
effect for so long as: 1) a Mixed Beverage Late Hours Permit [LB], 2) Food and
Beverage Certificate [FB], 3) Mixed Beverage Restaurant Permit [RM], and 4) a
subsequent like use, if any, are in effect at the above -referenced location.
Passed by the City Council this day of Decemher , 2018.
DANIEI, M. POPE, MAYOR
A TEST:
Rebecca Garza, ty Secre ry
APPROVED AS TO CONTENT:
bvKi&bv��7
AJ Fdvrver, Director of Planning & Zoning
APPROVED AS TO FORM:
Amy Sims, Deput y
vw/ccdocs/Amy/Resolutions/RES.Variance-King Louie's
November 12, 2018
Kristen Sager
From: CityPlanning
Sent: Thursday, November 08, 2018 4:25 PM
To: Kristen Sager; Gloria Diaz; Katya Copeland
Subject: FW: Variance of Separation for TABC License
Received a request for City Council alcohol separation variance. See attached email.
Nathan Webb
City of Lubbock Planning Department
P.O. Box 2000
1 u25 13"' St, ftm 107
Lubbock Tx79457
r?'.xlu bock.us
vdy .ly,tubbock.us
(806) 775-2120
(806) 775-2100 Fax
From: Paul Easter(mailto:kinglouisbilliards@gmail.comj
Sent: Thursday, November 08, 2018 12:09 PM
To: CityPlanning<cityplanning@mail.ci.lubbock.tx.us>
Cc: Kristen Sager <KSager@mail.ci.lubbock.tx.us>
Subject: Variance of Separation for TABC License
Email to meet the deadline for the December 6th City Council Meeting
Please confirm receipt.
Jonathon (Paul) Easter
7604 Milwaukee Ave Ste 1400
Lubbock Texas79424
King Louie's LLC
DBA King Louie's
License Application Codes:
LB: Mixed Beverage Late Hours Permit
FB: Food and Beverage Certificate
RM: Mixed Beverage Restaurant Permit with FB
Type of Business: Sports Grill
The property at 7604 Milwaukee Ave is within 300 feet (as the crow flies) to an existing daycare center and will
need a variance for separation based on the information in the map provided by Sheri Rand and at the bottom of
this email.
We are the tenants of the Hub Shopping Center located at the south end and in the white area of the map. The
7610 address is a different building in front or our location.
cc t t;ssto i?N-PREMISE PREQUALIFICATION PACKET L-ON
(12 2017)
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 license/permit.
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 websile. www.tabc.texas.gov/laws/code,_and rules.asp
--..__. LOCATION INFORMATION
1. Application for: j;6 Original 3 Add Late Hours Only License/Permit Number
Reinstatement License/Permit Number
__❑ CLhangtpf Licensed Location} LicenselPermit Number
2. Type of On-Prernise License/Permit
i G Ulrne and H•':.'r r^^,cta:lers Permit ,:_'t LB M r.•wd Bev:: -age !ate Hours Permit
r
mm) BE Beer Retail Lne�; er's On -Premise L tense ❑ MI M niba• Permit
�l BL Rate. Dealer's On -Premise Late Hours Licens_ J CB Ca'arer s = ermit
BP Brewp. Jb License i„ FS Font and Severaee Certificate
i V W n= & 6eer Retai er s Permit for Excursion Boats ��" PE Beverage Cartage Permit
Y W ne & Beei l�etai er s Permit for Ra, way Clinirin Car Z RM M,xe:d Beverage Restaurant Permit with FB
..... MS Mjxx , 8=:-_r .;.> Permit
O Private Carrier's Permit — For Browpubs (BP) with a BG only
3. Indicate Primary Business at this Location
Restaurant Q Sporting Arena Cmc Cerner Hotel 0 Bar
I Grocery/Market ] Sexually Oriented k� i Miscellaneous
4. Trade Name of Location ki
5. Location Address
City County State Zip Code
6. Mailing Address City State Zip Code
7. Business Phone No Alternate Phone No E-maii Address
j�3 t, lip d 9 - 3 _._.l %er.ca3���t�s,"1 .0
OWNER INFORMATION
8. Type of Owner
Individualj Corporation ❑ City/County/University
iw. t Partnership Limited Liability Company l j Other
C-i Limited Partnership ❑ Joint Venture
Li-n ted Liability Partnership❑ Trust
9. Busi�nje'ss Owner/Applicant
10. Are you, the applicant a veteran -owned business? O Yes 3 No
11. Are you the applicant a Historically Underutilized Business (HUB)? 0Yes No
Page 1 of 5 Form L-ON (1212017)
12. As indicated on the chart, enter the individuals that pertain to your business type:
(For additional space, use Form L-01G
Individualtlndividual Owner
Limited Liability Company/All Officers or Managers
Partnership/Ali Partners
Joint VentureNenturers _
Limited Partnership/All General
Partners Trust/Trustee(s)T
CorporationtAll Officers
City, County, Univers,ty/Official
� ^� u
Last Name
First Name
I
Titl��
5lfS �
Tonn�an
�
!/9/,e/Yfi3�6(_
Last Name
First Name
Title
/9Kc/`.e44`
Tbsk��.
DMl
Last Name
First Name
MI
Title
MEASUREMENT INFORMATION
Section 109.31 et seq.
13. Will your business be located within 300 feet of a church or public hospital?Oyes &No
NOTE: For churches or public hospitals measure from front door to front door, along the property lines of the street fronts
and in a direct line across intersections.
Will your business be located within 300 feet of any private/public school day care center or child care
14. facility? OYes �&No
If "YES," are the facilities located on different floors or stories of the building?OYes O No
NOTE: For pnvate/public schools, day care centers and child care facilities measure in a direct line from the nearest
property line of the school, day care center or child care facility to the nearest property line of the place of
business, and in a direct line across intersections.
NOTE: For multistory building businesses may be within 300 feet of a day care center or child care facility as long as
the facilities are located on different floors of the building.
NOTE: If located on or above the fifth story of a multistory building measure in a direct line from the property line of the
private/public school to property line of your place of business in a direct line across intersections vertically up
the building at the property line to the base of the floor on which your business is located
15. Witi your business be located within 1,000 feet of a private school?Oyes ,� No
16. Will your business be located within 1,000 feet of a public school? OYes� No
GO -DAY SIGN
As required under Section 11 391 and 61.381, enter the exact date the 60- Exact Date (mmtootYYYY)
17. Day sign was posted at your location
ALL APPLICANTS �G I
18. IF YOUR LOCATION IS NOT WITHIN THE CITY LIMITS, CHECK HERE ❑����
1, the applicant, have confirmed I am not located in the city limits of any city and therefore all city
certificates are not required.
Page 2 of 5 Form L-ON (122017)
IF APPLICANT IS SHOWN -AS: —
WHO MUST SIGN:
Proprietorship—_ -'-- � � tndlduatOwner
WARNING AND Partnership Fin;or
Corporation � __ Officer
SIGNATURE , urnl:ed Partnershi G-neral Partner
Limited l abBity Partnership _ General Partner
limited liaDil'Ay Company - - Otfimr- Manager
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 fired 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."
t, UNDER PENALTY OF LAW, HEREBY SWEAR THAT I HAVE READ ALL THE INFORMATION PROVIDED IN THE APPLICATION AND ANY ATTACHMENTS AND
THE INFORMATION IS 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 COMM.SSION
TO USE ALL LEGAL MEANS TO VERIFY THE INFORMATION PROVIDED.
PRINT � '`� ,, {�,, � SIGN
NAME ,J QQj W ' `�.�L57 HER
TITL rt-
Before me, the undersigned authority, on this day of 20 , the person whose name is signed to
the foregoing application personally appeared and duty 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 PUBUC
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
licenselpermit is sought is inside the boundaries of this city or town in a "wet' area for such licenselperm I. and not
prohibited by charter or ordinance in reference to the sale of such alcohol•c beverages
SIGN
HERE TEXAS
City Secretary/Clerk Clty
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
licenselpermit is sought is inside the boundaries of this city or town, in a "wet' area for such hcenselpermit, and not
prohibited by charter or ordinance in reference to the sale of such aicoh6z beverages
Election for given location was held for:
ri legal sale of all alcohol c beverages
❑ iegai sale of all alcoholic beverages except mixed beverages
❑ legal sale of all acoholic beverages including mixed beverages
❑ lega, sale of beer/wine (170/) on -premise AFTER Sept 1 1999
❑ legal sale of beer/wine (141 ) on -premise BEFORE Sept. 1, 1999
OR IF ABOVE DOES NOT APPLY:
Be advsed the locaton must have had two election passages per Section 25 14 or Section 69 17 of the TABC Code One for bee -
and w ne off -premise and one for mixed beverage
❑ legal sale of beer and wine for off -premise consumption only
AND EITHER:
❑ lega 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 TEXAS
City Secretary C erk
SEAL
Page 3 of 5 Form L-ON (12/2017)
CERTIFICATE OF CITY SECRETARY FOR LATE HOURS LICENSE/PERMIT
(LB & BL)
Chapters 29 & 70 et seq.
I hereby certify on this day of 20 that ;-re of the below Is correct
The govern ng body of this c,ty has by ordinance authorized the sale of mixed beverages between midnight and 2 00
AM or
The governing body of th;s city has by ordnance authorized the sale of beer between midnight and
A M. -, or
r.a The popu'at!on of the c,ty or county where premises are located was 500.000 or more according to the 221d Dec nnial
Census, of the United States as released by the Bureau of the Census on March 12, 2001, or
i _] The population of the city or county where premises are located was 80'.1,000 or more according to the last Federal
Censu512010
SIGN
HERE
_._ _.._._�....__......._.._.--- --_ __ TEXAS
SEAL
CERTIFICATE OF COUNTY CLERK (FOR MB, RM, V & Y)
Section 11 37
I hereby certify on this day of .20 . that the location for which the
i.:'ense/perm,t is sought Is in a "wet" area for such license/permit and .s not prch,b�ted by any val d order of the
'ommssloner s Court
SIGN
HERE
Ca'u )ty Clrrk
SEAL
_.. COUNTY
CERTIFICATE OF COUNTY CLERK (FOR BIG & BE)
Section 11 37 & 61.37
1 hereby certify on this day of . 20 that the location for which the
;Icense!perm,t is sought is in a "wet" area and Is not pr-,hibited by any valid order of the Commissioner's
::ourt
Election for given location was held for:
❑ iegai sa.e of all alcoholic beverages
❑ legal sale of a, 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 ad,,, sed the location must have had two election passages per 25 14 or 69 17 of the TAB Code One for beer and wine off-premse
and one for mixed beverage
legal sale of beer and wane for off -premise consumpt•on only
AND EITHER:
Ci legal sale of mixed beverages
OR
❑ legal sale of nvxed beverages in restaurants by food and beverage certificate holders
(app,,cant must apply for FB with BG or BE)
SIGN
HERE
CIerK
SEAL
Page 4 of 5 Form L-ON (1212017)
COUNTY
CERTIFICATE OF COUNTY CLERK FOR LATE HOURS LICENSEIPERMIT (LB & BL)
Chapters 29 & 70 et se
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
J The Commissioner s Court of the county has by order authorized the sae of beer between midnight and
AIV, ,or
The population of the city or county where prem ses are located was 500 000 or more according to the 22^' Decennia
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 prem ses are located was 800 000 or more according to the last Federal
Census (2010)
SIGN
HERE
SEAL_
County 1 erk
COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE
Section 11.46 (b) & 51.42 Lb)
COUNTY
This is to certify on this day of 20 the applicant holds or has appliec for
and satisfies all lega requirements for the issuance of a Sales Tax Permit under the Limited Sales Exc:sa ano Use Tax Act
or the applicant as of this date is not required to hold a Sa es Tax Permit
Sales Tax Permit Number Outlet Number
Print Name of Comptroller Employee
Print Title of Comptroller Employee
SIGN
HERE
SEAL
FIELD OFFICE
PUBLISHER'S AFFIDAVIT (FOR MB, LB, RM, BP, BG, BE, BL, V & Y)
Section 11.39 and 61,38
Name of newspa er
City, County
Dates notice published in daily/weekly
newspaper MINI DD YYYY n
,A i f;,CH P,,, NTE.D
Pu �Gst;sr o aes g ;ee ce,-tihes attact;ed notice was pubhsned rn newspaper stated on dates sho.:
Signature of Eublish�L,or designee
Sworn to and subscribed
before me on this date
(NAIN_VOWYYYY
Signature of Notary Public
SEAL
COPY OF THE
NOTICE HERE
Page 5 of 5 Form L-ON {12/2G1 7)
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INFORMATIONBEl'ERAGECOMn,15510Nr
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Continued for Prequalification Packet
(01/2o1s}
LOCATION INFORMATION
1. Trade Name of Location
2. Location Address
-7
GVL>�� iLiuLj
City
County
State Zip Code
.._..._.. _.__
_._ OWNER I.. _ ___.NFORMATION__
3. Type of Owner
❑ Individual
❑ Corporation ❑ City/County/University
❑ Partnership
i Limited Liability Company ❑ Other
❑ L4mited Partnership
❑ Joint Venture
_ ❑ Umited Uability Partnership ❑ Trust
'T ~_ _
�MI
Last Name
First Name
Title
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Last Name w
First Name }�
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Title
Last Name
First Name
MI
Title
Last Name
First Name
Last Name First Name
Last Name
First Name _
MI Title
Ml Title
MI Title
First Name
MI
Title
Last
Last Name
First Name
Ml
Title V
Last Name »._ ---
First Name-.._....W-- MI Title _._...._._.._
Last Name
�- First Name
Ml�
Title
Last Name -
First Name
MI�
Title
First Name M! _Tide
Last Name ..___._.-...._........_.�............_._.. ____..�...._First Name ...._._..__,�.._.....__..._._._.__M1Title
�.�....._____...�...
Page 1 of 1 Form L-OIC (01/2018)
Please let know if you have any questions or concerns.
Paul Easter
King Louie's
806-535-6110
Considerations:
1) The building in front of us has a different physical address but we share the property Iine of the entire
multiple unit shopping center. Our actual business is outside the 300 feet requirement.
2) A few doors down in the same shipping center was the Rack House which held a Mixed Beverage
permit. BurgerIAm, also in the same shopping center, sells beer on tap.
3) The Brick Oven Pizza location in front of us, which is closer to the daycare, sells beer on tap.
4) The Picosos restaurant across Milwaukee Ave and next door to the daycare has a mixed beverage permit.
5) The Wing Daddys straight across from the daycare is also seeking to have mixed beverage along with an
after hours permit.
6) Major 7 lane thoroughfare separates us from the daycare.
**Note** None of these considerations diminish our responsibility to help ensure the safety of our guests along
with those in the community. We take these responsibilities very seriously.
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WARNING: This message was received from someone outside the organization.
It could contain harmful attachments or links to harmful web pages.
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7604 Milwaukee Av - King Louie's - ABP Request M
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LEGEND
Permit Requested
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300-Ft Butter Bay Cares
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