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HomeMy WebLinkAboutResolution - 2019-R0218 - Alcohol Variance - Tinseltown - 06_25_2019Resolution No. 2019-RO218 Item No. 7.16 June 25, 2019 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: Tinseltown, 2535 82°d Street, Lubbock, Texas. This variance shall remain in effect for so long as: 1) a Mixed Beverage Permit [MB], 2) Late Hours Permit [LB], 3) Beverage Cartage Permit [PE] or 4) a subsequent like use, if any, are in effect at the above -referenced location. Passed by the City Council this ?5th day of hole .2019. DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secretar APPROVED AS TO CONTENT: Jesic# McEachem, AssistAt City Manager APPROVED AS TO FORM: 1A lli Leisure, Assistant City Attorney vw/ccdocs/Kel li/Resolutions/RES. Variance-Tinseltown June 11, 2019 ADDISONLAW June 6, 2019 LIFIRM-NAAi M-1 rl City of Lubbock Planning Department 1625 13th Street Lubbock, Texas 79401 5400 LB.1 Freeway, Suite 1325 Dallas. "Texas 75240 T: 972.960.8677 • 17: 972.960.7719 addisonlaw.coin Dircct Dial: 972-341-8122 nnnart i n(ir..add i son l ai\v, co m Re: Request for Variance for CNMK Texas Properties, LLC dlbla Tinseltown Lubbock #233 2535 82"' Street, Lubbock, TX 79423 Dear City Planning Department: The above -referenced location has submitted a TABC Prequalification Packet for a Mixed Beverage Permit, Mixed Beverage Late Hours Permit and Beverage Cartage Permit for City approval. The location currently has and operates under a TABC Wine and Beer Retailer's Permit and Retail Dealer's On -Premise Late Hours License. It has come to our attention that a home child-care facility is located at 2705 86111 Street, which is within 300 feet of the theater. Under the City of Lubbock Code of Ordinances, Article 14.01, Section 14.01.007, alcohol sales are prohibited within 300 feet of a child-care facility. CNMK Texas Properties, LLC (CNMK) requests a variance allowing it to serve Mixed Beverages at this location. In support of this variance, CNMK provides the following information: 1. Information regarding the alcohol sales and other sales at the theater; 2. Copy of the current Wine and Beer Retailer's Permit; and 3. Copy of the application previously submitted to the city and supporting documents. Since this theater is currently and legally selling alcoholic beverages at this location, granting a variance for a mixed beverage permit will not substantially change the activity at the location. The majority of the sales at this location are from revenue sources other than alcoholic beverages. In fact, only 2.15% of the theater's revenue is derived from alcohol sales. CNMK does not expect this percentage to change significantly if it were to sell mixed beverages in addition to beer and wine. Additionally, the child-care facility is a small facility located in a single-family home and is operated by the home -owner. The sale of mixed beverages at the theater will not impact the business at the child-care facility and will not create an unsafe condition for the facility. City of Lubbock June 6, 2019 Page 2 This location has never had a TABC complaint of any kind filed against it. For these reasons, CNMK requests a variance to sell mixed beverages at this location. Please put this variance request on the agenda For a hearing at the next City Council Meeting. If you have any questions, please do not hesitate to contact me. Thank you for your attention to and consideration of this matter. Very truly yours, ADDISON LAW FIRM a Professional Corporation Matthew C. Martin MCM:st Enclosures it. toddisatlb7l46.471coJ•respondencetcirr01.docx 12. Do you share the premises with another business entity? OYes Q No If "YES," indicate the tradename(s) of business(es) and sales and use tax number($) for other business(es): Trade Name Sales & Use Tax Number 13. Are there any agreements, excluding questions 9, 10 & 11, which involve alcohol in any way? Q Yes (j)No If "YES," attach a copy of agreement. SALES AND LOCATION INFORMATION 14, Provide first 12 months of projected sales data. Sales Year (YYYY) 2019 Alcoholic Beverage Sales $180,000.00 Food Sales $ 2.300.000.00 Other Sales $ 5,900,000.00 Total Sales $ 8,380,000.00 15. Is the proposed location in a hotel or motel? Q Yes (i) No 16. Will the license/permit embrace the entire location address? &Yes © No If "NO," attach a diagram of your premise as required by Section 11.49. Be advised the location will be inspected prior to approval of your application. FINANCE INFORMATION 17. Enter the total amount of investment from all sources for this location. $10,000.00 Please be prepared to provide copies of all documents related to the financing of this location. 18. List any person, firm, or corporation that has advanced or will advance any money, that holds any mortgage or encumbrances against the assets of the proposed business location, or that has signed or co -signed, guaranteed or financially assisted this business location for which you are seeking a license/permit. If a partnership or corporation, list entity along with partners/officers, CSSN or FEIN Issuing State/DL No. T ~ Date of Birth (mm/dd/yyyy) Amount 42-1562935 $ 10,000.00 Name, Corporation, Partner/Officer Terms CNMK Texas Properties, LLC investment; no repayment SSN or FEIN Issuing State/DL No. Name, Corporation, Partner/Officer I SSN or FEIN Issuing State/DL No. Name, Corporation, Partner/Officer Date of Birth (mm/dd/yyyy) Amount j Terms Date of Birth (mm/dd/yyyy) Amount Terms (if more space is needed, attach additional page.) Page 2 of 3 Form L-L (03/2018) TEXAS ALCOHOLIC BEVERAGE COMMISSION P,O. BOX 13127 Seq; 0111 AUSTIN, TX 78711-3127 TINSELTOWN LUBBOCK #233 C/0 TERESA GOSS 3900 DALLAS PKWY PLANO TX 75093 Dear Licensee/Permittee ��y ALcoy�o TEXAS AJ.COHOLIC BEVERAGE COMMISSION d ft" I1144@dlollglfJA M1meOy O�wrlCn ClCOrA Please detach and display your license/permit in a conspicuous place at all times on the licensed premise. A. Bentley Nettles 524336 TEXAS ALCOHOLIC BEVERAGE COMMISSION BG 979447 EXPIRES 04/20/2021 RENEW SIGN aBLUE 17% WINE WINE&BEER RETAILER'S ON PREMISE PERMIT RETAILER'S ON PREMISE LATE HOURS LICENSE TINSELTOWN LUBBOCK #233 2636 82NO STREET LUBBOCK LUBBOCK CNMK TEXAS PROPERTIES LLC EXECUTIVE DIRECTOR THIS LICENSE IS NOT TTAATISFERABLB. MUST DE PUOGCLY DISPLAYED AT ALL TIMES AND USCG ONLY IN THE PLACE OF OUSINESS INOIGATEO HEREON THE ACCEPTANCE HEREOF GONSTI'I UTES AM EXPRESS AGREEMENT TO PERMIT ANY AUTHORMO REPRESENTATIVE OF THE COMMI551014 OR ANY PEACE OFFICER IO FREELY CNVP UPON LICEUSUEV PRMS05 TO PCRPORtA ANY DUTY IIAPOSEO UPON HIIA CITY OF LUBBOCK ZONING CERTIFICATE 11111 DATE: Local Contact Name: Steven Tabor local Contact Telephone No.: (806) 748-7140 Business Name. Tinseltown Lubbock #233 Business Address: 2535 82nd Street, Lubbock, TX 79423 KIVA Pin No.: 74417 Legal Description of property: TfaCt A-5-8 High Plains ON PREMISE CONSUMPTION: Primary business at this location (check one): ❑ Restaurant ❑ HotellAmna/Civic Cenler ❑ Dance Hall (alcoholic beverage sale prohibited) ❑ NightClub/Bar/Lounge ❑ Sportsurill ❑ Sexually Oriented Business E Other (describe) movie theater Permits Requested (check all that apply): M Mixed Beverage (MB) N Mixed Beverage Late Hours (LB) N Beverage Cartage (PE) ❑ Food & Beverage Cert. (FB) ❑ Wine and Beer Retailer's (BG) ❑ Private Club Beer & Wine (NB) ❑ Private Club Late Hours (NL) ❑ Beer Retailer's On -Premise (BE) ❑ Retail Dealer's On-Prcmise Laic Hours (BL) ❑ Private Club (N) ❑ Catering (CB) ❑ Mixed Bev, Restaurant w/ Food & Beverage (RM) ❑ Other (describe) OFF PREMISE CONSUMPTION: Primary business at this location (check one): ❑ Orocary/Convenience Store ❑ Drug Store ❑ Package Store ❑ Other (describe Permits Requested (check all that apply): ❑ Bccr Retailer's Off -Premise (BF) ❑ Wine Only Package Store (Q) ❑ Local Cartage Transfer Permit (ET) ❑ Other (describe) ❑ Package Store (P) ❑ Wine and Beer Retailers Off -Premise (BQ) ❑ Local Distributor (LP) ❑ Local Cortagc(E) ❑ Package Store Tasting (PS) Property owner's Name: Realty Income Properties 9, LLC Property owner's Address: 2535 82nd Street, Lubbock, TX 79423 Business Owner's Name: CNMK Texas PropertiesyLLC Business Owner's Address: 3900 Dallas Parkway, Plano, TX 75093 Applicant's Name: CNMK Texas Properties, LLC Applicant's address: c/o Teresa Goss, 3900 Dallas Parkway, Plano, TX 75093 Applicant's interest in Business/Authorlty to make application: authorized agent of owner Gross Sq. Footage or Building7l 156 sq. R. Zoning Q: y0/Q _ Sales Tax No. 32033203616 OOD47 Parking: Parking Ratio 1,2.68 Spaces Required 1 A Spaces Provided 1 176 Distance from: Church >300 fl. School >300 R. Hospital >300 ft. Day/Child Care>300 ft. For churches or public hospitals measurement is a minimum 300 fl measured from rronl door to front door, along the property lines of the street fronts and in a direct line across inlersections. For private/public schools, day care centers and child tare facilities measurement is a minimum 300 ft measured in a direct line from the nearest property line of the school, day/child care facility to the nearest property line of the place orbusiness, and in a direct line across Intetseelions. No, orGame Machines 13_ _... _ _ Donce Floor Size N/A Live Entertainment ❑ Yes C§ No Z.B.A. V or(ence Case No. Case No. COMMENTS 1,313 seats. Required 329 spaces. Providing 1,176 spaces. i hereby certify that I have read and fully understand the zoning restrictions and ardlnanees applicable to this property and that all information contained herein is true and correct. I further understand that this certificate is Issued subject to all applicable regulations orthe City of Lubbock and the violation of any of these regulations may result in my being ordered to cease the violation or vacate the premises, as well as the revocation of this certiricale. I understand that if licensed as a restaurant, this cenificalo only permits me to operate a restaurant with the incidental right to sell alcoholic beverages, and I certify that Is my Intent and purpose In acquiring this certificate. Dale Applicant's Signature I hereby certify that Inspections have been made by applicable City or Lubbock departments and to the test or my knowledge this request currently complies with all applicable zoning regulations of the City of Lubback. Date Planning Department Signature _ _•• . . CITY OF LUBBOCK 'LON[i`lG CERTIFICATE 1TPvTST(GATR'E MSPECTION FORM Date: Name of Business: Tinseltown Lubbock #233— Otvncr or ivl;tna6,cr CNMK \ddt css (in lt+dr.: ipl. 2535 82nd Street Lubbock, TX 79423 Tclepltov-e Number. (806) 748.7140 t'Sw of Business: Reslzuranl, Nightclub/Bar/Lounge; -- Dare. Fiall, —_Sports Gill, _ TraccrJlCnnvsnicncc Stoic, — Urug Siox, _ Pacl• ge Store, Smi lly Oriented Busiticss. liotel/Arcn:dCivic Center; X othc, (describe) Movie theater Church or Hospital loented within 300 r^^t _.._...... Ye:; X _—Nn Scbool or dar careichiH care r3ciliry locnred uilllin .300 reel --.-- Yee X --'.do Plui+se retorn tli:s Form ••vitli all r-pprrwal signatures prior to tue issuance: of.) 'boning Certificate •r!tCic:;JgT[3W 17CS pre no- a substitute for any other :ettui;eti AN IT Cody En;mccmcat Departwem 623 ! t'h Strcc; Foam iU:i 1 Comments: 1 1 bate Zonin!,g Cuttficatc Approved: — t Sinnalure. j J.?wilding l �spect�'.a 77i•7.Uf3? <:mm�icnts: J:Iate Cciltficau, ol'Cccc—.ipu cy AporOt't:Cl' i Signature:: Health Dep-: rimcot 1625 13`' Street, Room 106 775-ZI16 Conunet:ts: Datc I•lcalth Purmt Approved Signature -- — -- --- Fire iviu.shtl 1601 Mac Davis Lane 7,15-264ti Comments: Hate tI0,n :muni Ot-cupincp Permit App;oVed- — -- - ,- lim '\ TExASAICONOLIC BEVERACECUMM155lUN 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, 81.38, 81.42 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 stafutory and rule references mentioned In this application refer to and can be found to the Texas Alcoholic Beverage Code or Rules located on our websile. www.tabc.texes.gov/faws/code and rules.asp LOCATION INFORMATION 1. Application for: O Original Ci Add Late Hours Only License/Permit Number ❑ Reinstatement License/Permit Number ❑ Change of Licensed Location License/Permit Number 2. Type of On -Premise License/Permit ❑ BG Wine and Beer Retailer's Permit [ LB Mixed Beverage Late Hours Permit ❑ BE Beer Retail Dealer's On -Premise License ❑ MI Minibar Permit ❑ BL Retail Dealer's On -Premise Late Hours License ❑ C13 Caterer's Permit ❑ BP Brewpub License ❑ FB Food and Beverage Certificate ❑ V Wine & Beer Retallers Permit for Excursion Boats PE Beverage Cartage Permit Cl Y Wine & Beer Retailers Permit for Railway Dining Car ❑ RM Mixed Beverage Restaurant Permit with FB [�] MB Mixed Beverage Permit ❑ O Private 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 El Miscellaneous movie theater 4. Trade Name of Location Tinseltown Lubbock #233 6. Location Address 2535 82nd Street City Lubbock 6. Mailing Address c/o Teresa Goss 3900 Dallas Pkwy. 7. Business Phone No. Alternate Phone No. (806) 748-7140 972-341-8128 County State - Zip Code Lubbock TX 79423 City State Zip Code Plano TX 75093 E-mail Address cmartin@addisonlaw.com OWNER INFORMATION 8. Type of Owner ❑ Individual ❑ Corporation ❑ Partnership © Limited Liability Company ❑ Limited Partnership ❑ Joint Venture ❑ Limited Liability Partnership(:) Trust 9. Business Owner/Applicant CNMK Texas Properties, LLC ❑ City/County/University ❑ Other 10. Are you, the applicant a veteran -owned business? O Yes O No 11. Are you, the applicant a Historically Underutilized Business (HUB)? OYes ONo Page 1 of 5 Form L-ON (12/20W) 12. As indicated on the chart, enter the individuals that pertain to your business type. (For additional space, use Form L-01C) Individual/individual Owner Limited Liability Company/All Officers or Managers PartnershiplAll Partners Joint Venture/Venturers Limited Partnership/All General Partners Trust/Trustee(s) CorporationlAll Officers City, County, University/Official Last Name First Name MI Title Cavalier Michael D Exec VP/Secretary Last Name First Name MI Title Zoradi Mark D CEO/Manager Last Name First Name MI Title Gamble Sean R WNEx" VP1CF0rrreasms5t Svc MEASUREMENT INFORMATION Section 109.31 et seq. 13. Will your business be located within 300 feet of a church or public hospital?OYes ONo 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? O Yes (i) No If "YES," are the facilities located on different floors or stories of the building?Oyes 0No NOTE: For private/public schools, day care centers and child care facilities measure in a direct tine from the nearest property tine of the school, day care center or child cane facility to the nearest property fine of the place of business, and in a direct fine 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. 16, Will 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? IOYes O No 60-DAY SIGN As required under Section 11.391 and 61.381, enter the exact date the 60- Exact Date (MMIDo/YYYY) 17. pay sign was posted at your location, N/A ALL APPLICANTS 18. IF YOUR LOCATION IS NOT WITHIN THE CITY LIMITS, CHECK HERE ❑ I, 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 (1212017) IF APPLICANT IS SHOWN AS: WHO MUST SIGN: Propderamhip fr4Adual Owner WARNING AND PoMersNp Partner CarporSIGNATURE Llmhe P°" Genera) Llmhed Partnership Genera! Partner Limhed Llabltlly PannamNp General Penner Limited UeblRy Company OMicerfMarager 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." I, 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. 1 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. INT SIGN NAMESeanSean Gamble HERE TITLE Man/Exec VP/CFO/TreastAsst Sec Before me, the undersigned authority, on this day of Q 20lc'\% , the person whose name is signed to the foregoing applic It personally appeared and, duly sworn by me, s , s under oath that he or she has read the said application and that II tR@ facts therein set fo are true and corn SIGN �_ LESLEY PETTENGI,_L HERE e s NOTARY U =}�' Notary Public, Staieof Taxes $ E A Comm Expires 07.25-2022 f �'lot Notary ID 10760) 52 N' 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 lice nselpermit, and not. prohibited by charter or ordinance in reference to the sale of such alcoholic beverages. -f SIGN HERE T6XA City Secretary/Clerk City 1? SEAL CERTIFICATE OF CITY SECRETARY (FOR BG & BE) Section 11.37 & 61.37 I 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 licenselpermit, 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 Section 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 FS with BG or BE) SIGN HERE TEXAS City SecrelayiClerk City SEAL Page 3 of 5 Form L-ON (1212017) CERTIFICATE OF CITY SECRETARY FOR LATE HOURS LICENSE/PERMIT (LB & BL) Chapters 29 & 70 et seq. hereby certify on this day of , 20 , that one of the below Is correct: ❑ The governing body of this city has by ordinance authorized the sale of mixed beverages between midnight and 2:00 A.M.; or ❑ The governing body of this city has by ordinance authorized the sate of beer between midnight and A.M.; or ❑ The population of the city or county where premises are located was 600,000 or more according to the 22nd 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 800,000 or more according to the last Fed r;;' • ' Census (2010). SIGN HERE , TEXAS City Secretary/Clerk City 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 license/permit is sought Is in a "wet" area for such license/permit, and is not prohibited by any valid order of the Commissioner's Court. SIGN HERE SEAL County Clerk CERTIFICATE OF COUNTY CLERK (FOR BG & BE) Section 11.37 & 61.37 COUNTY I hereby certify on this day of 20 , that the location for which the licenselpermit is sought is in a "wet' area and is not prohibited by any valid order of the Commissioner's Court. 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 25.14 or 69.17 of the TAB 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 County Clerk SEAL Page 4 of 5 Form L-ON (1212017) COUNTY CERTIFICATE OF COUNTY CLERK FOR LATE HOURS LICENSE/PERMIT (LB & BL) Chapters 28 & 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 220' 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 800,000 or more according to the last Federal Census (2010). SIGN HERE COUNTY County Clerk SEAL COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE Section 11.46 (b) & 61.42 (b) This is to certify on this _ day of l L L , 201-1, the applicant holds or has applied for and satisfies all legal requirements for the issuance of a S les 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 32033203516 Print N� Print Tit SIGN HERE SEAL Outlet Number 00047 PUBLISHER'S AFFIDAVIT (FOR MB, LB, RM, BP, BG, BE, BL, V & Y) Section 11.39 and 61.38 Name of newspaper Lubbock Avalanche Journal City, County Lubbock, Lubbock Dates notice published in daily/weekly 5/9/19 & 5/10/19 newspaper (MM/DDIYYYY) ATTACH PRINTED Publisher or designee certifies attached notice was published fn newspaper stated on dates shown. Signature of publisher or designee See attached Sworn to and subscribed before me on this date (MMiDD/YYYY) Signature of Notary Public SEAL ;eIe1WE013":1 See attached Page 5 of 5 Form L-ON (1212017) .i'.ucar TEXAS ALCOHOLIC BEVERAGE COMMIS51ON OWNERSHIP INFORMATION Continued for Prequalification Packet L-olc (01/2018) LOCATION INFORMATION 1. Trade Name of Location Tinseltown Lubbock #233 2. Location Address 2535 82nd Street City County State Zip Code Lubbock Lubbock TX 79423 OWNER INFORMATION 3. Type of Owner ❑ Individual ❑ Corporation ❑ City/County/University ❑ Partnership Limited liability Company ❑ Other ❑ Limited Partnership ❑ Joint Venture ❑ Limited Liability Partnership ❑ Trust Last Name First Name MI Title CNMK Investments, Inc. 99% member Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name Mi Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Last Name First Name MI Title Page 1 of 1 Form L-OIC (01/2018)