HomeMy WebLinkAboutResolution - 2020-R0079 - Alcohol Variance - Kwik Stop #3 - 02/25/2020 Resolution No. 2020-R0079
Item No. 8.13
February 25, 2020
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:
Business Gunrunner LLC/DBA Kwik Stop #3, at 4719 58"' Street, Lubbock, Texas.
This variance shall remain in effect for so long as: 1) a Beer Retailer's Off-Premise
Permit [BF], or 2) a subsequent like use, if any, are in effect at the above-referenced
location.
Passed by the City Council this 25th day of Februat 32020
DANIEL M. POPE, MAYOR
ATTEST:
Reb tca Garza, City Se Teta
APPROVED AS TO CONTENT:
Bry Isha , �irector of Planning & Zoning
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
vw/ccdocs/Kelli/Resolutions/RES.Variance-Kwik Stop#3
February 10,2020
Gunrunner LLC
47195 80 Street
Lubbock,TX 79414
The Business Gunrunner LLC/ DBA Kwik Stop#3 is a Convivence Store at 4719 58`h and Utica
owned by Dylan Burns, it is located within 300 feet of a school. We would like to request to deviate from
the current zoning requirements, for separation from Williams Elementary School and Laugh `N Learn
Daycare Center.The reason we would like this separation is to sell beer and wine a frequently requested
item by many of our regular customers most of which are neighborhood residents.
Thanks,
Jack Jayroe
lackjayroe0l@gmaii.com
(901) 674-0285
' Y i ° CITY OF LUBBOCK
A ` ZONING CERTIFICATE
l DATE: �O
Local Contact Name:/ Local Contact Telephone No.:
Business Name: 6mrtlfl/1ee LLC ><y, /
OS ,�WiK S-Ir,fv
Business Address:_ A011f 5314 71 _K IVA Pin No..
Legal Descriptionofproperty:
ON PREMISE CONSUMPTION:
Primary business at Us location(check one):
❑ Restaurant ❑ Hotel/Arena/Civic Ccnter ❑Dance Hai I(alcoholic beverage sale prohibited)
❑Night Club/Bur/Lounge ❑ Sports Grill
❑Sexually Oriented Business ❑Other(describe)
Permits Requested(check all that apply):
❑ Mixed Beverage(MB) ❑ Mixed Beverage Late Hours(LB) ❑ 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-Premise Late Hours(BL)
❑ Private Club(N) ❑Catering(CB) ❑ Mixed Bev.Restaurant wl Food&Beverage(RM)
❑ Other(describe)
OFF PREMISE CONSUMPTION:
Primnry business at this location(check one):
Grocery/Convenience Store ❑ Drug Store Q Package Store
❑ Other(describe)
Permits Requested(check all that apply):
Beer Retailer's Off-Premise(BF) ❑Package Store(P) ❑Wine and Beer Retailer's Of-Premise(BQ)
Q Wine Only Package Store(Q) ❑ Local Distributor(LP) ❑ Local Cartage(E)
❑ Local Cartage Transfer Permit(ET) ❑ Package Store Tasting(PS)
❑ Other(describe) /
Property Owner's Name:_ kefaw 4-otla4-t
Property Owner's Address:
Business Owner's Name: .I7U/A t'1 5VYn g
Business Owner's Address:. Caur'kto e o d Car+! IN( Oe d - 7-exaS
Applicant's Name: Ackt rag _ T
Applicant's Address: 1513 .A __Set/ AJt6 / yJ01 Flo f� Xt7��j {XYZ
c 4 7
Applicant's interest in Business/tAuthority to make application, Se
✓e Aft{
Gross Sq.Footage of Building�i7�sq.fL Zoning Sales Tax No.
Parking:Parking Ratio Spaces Required Spaces Provided �d
Distance from:Church ft, School ft. Hospital ft. Day/Child Care ft.
For churches or public hospitals measurement is a minimum 300 ft measured from front door to front door,along the property lines of the street
fronts and In a direct line across intersections.
For private/public schools,day care centers and child care facilities measurement Is a minimum 300 ft measured in a direct line from the nearest
property line of the school,day1/child care facility to the nearest property line of the place of business,and in a direct line across intersections.
No.of Game Machines ` Dance Floor Size Live Entertainment ❑ Yes ❑ No
Z,B.A.Variance Case No.
Case No.
COMMENTS
I hereby certify that I have read and fully understand the zoning restrictions and ordinances 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 of the City of L ubbock
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 certificate,I understand that if licensed as a restaurant,this certificate 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.
Date Applicant's Signature
I hereby cerify (hat inspections have been made by applicable City of Lubbock departments and to the best of my knowledge this request
currently complies with oil applicable zoning regulations of the City of Lubbock.
Date Planning Department Signature
TEXAS ALCOHOUC OFF-PREMISE
BEVERAGE COMMISSION PREQUALIFICATION PACKET
f�Ct coM�',SS r=aay Helping BaTines,res&Proleaing Communirres L-0FF(11=019)
Submit this packet to the proper govenmentai entities to obtain certification for the type of licensetpeimit for which
you are applying as required by Sections 11.37,11'.39, 11.46(b),61.37,61.38,61A2 and Rule 03.13
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.tsbc.teexas.gov,1aws1code and riles asp
a�.��,i;;�r,�..��w.. - �L'Y��►►Tt�N IN�Q�MA'TLO#� .. __ _
1. Application for: ®Original
I ❑ Reinstatement ❑Reinstatement and Change of Trade Name License/Permit Number
❑Change of Location ❑Change of Location and Trade Name License/Permit Number
2. Type of Off-Premise LicenseiPermit
❑ BQ Wine and Beer Retailer's Off-Premise Permit ❑ LP Local Distributor's Permit
® BF Beer Retail Dealer's Off-Premise License ❑ E Local Cartage Permit
❑ P Package Store Permit ❑ ET Local Cartage Transfer Permit
❑ Q Wine Only Package Store Permit ❑ PS Package Store Tasting Permit
3. Indicate Primary Business at this Location
❑ Grocery/Market ® Convenience Store without Gas
❑ Liquor Store ❑ Miscellaneous
Q .Convenience Store with.Gas
4 Trade Name of Location(Name of store, business, etc.)
5. Location Address
Crty County -� State i Zip Code
6. Mailing Address City State Zip Code
gNOF6_ L b-�>Qc k -- -TX
7. Business Phone No. Aitemate Phone No. E-mail Address
J
8 Type of Owner
❑ Individual ❑ Corporation ❑ City/County/University
❑ Partnership ® Limited Liability Company ❑ Other
❑ Limited Partnership ❑ Joint Venture
❑ Limited Liability Partnership ❑ Trust
9. Owner of Business/Applicant(Name of Corporation, LLC, etc.)
PR8MARM Wkf� 01M
Ttte prxmery cant cf¢?rst�n$itocllctba a parson>n+fio ban answer quo tkr�1AUG Wy flaY pialicailnn I lie:ooiatact pirz�n3&rsd rr►sltsMandatory and`m�ict iia active;and updated regufady Ifadditional information is neededUQ bo requosti�d from this wniact person.Delays in
espwtdln�tQ!> gwestsmaeWlay_Mte�_hsiOaAtrrvacYa9
_our
p$rfrssptt�ex�rescs.
10.Contact Person: Relation to Business:
Phone(mandatory):
Q01- . 0Email(mandatory): o min
H•-lr-..-s,. er 1-Ai��+:to `lv'f111U1P c.
St
Page 1 of 4 L-OFF(12/2019
1� 1. Is the applicant,a veteran-owned business? _ ❑ Yes 0 No
12. (s the a , a Historical Underutilized Business�HUE? � N-p+_ ❑ Yes Z No
13• As indicated on the chart. enter the individuals that pertain to vour business t)e:
.f br additional space, use Form L-010
Individual/individual Owner Limited Llability Company/Ali Of icers or Managers
-_..._.- .._... _.__._........._...---_ ______ �_ _ _.._-- -------------------...__------._......___._.____.___ ____.__T_.....--........
partnershiplAll Partners Joint VentureNenturers
Limited Partnership/All General Partners Trust(Tn,*tee(s)
_._ -- - _ _._------- -- -- _--,--- --- - ---- -— –
Corporation/AII Officers City,County,University/Official
Last Name First Name MI i Title
i
Last Name First Name MI Title
I _ _
Last Name First Name— -- MI Title
I '
� I
Last Name First Name _ MI Title
MIUI;EMNT 1iwI:?RMAQN
Section 109.31 et saq.__._ ._..:.__.
14. Will your business be located within 300 feet of a church or public hospital? ❑Yes Z No
NOTE: For churches or public hospitals measure from front door to front door, along the property lines of the street
i fronts and in a direct line across intersections.
15. Will your business be located within 300 feet of any private/public school? Z Yes ❑ No
NOTE: For private/public schools measure in a direct line from the nearest property line of the school to the nearest
property line of the place of business, and in a direct line across intersections.
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? ❑ Yes 21 No
17. Will your business be located within 1,000 feet of a public school? Q Yes ❑ No
I ACKAGE $TQItE;A CQVISiTION$,'0NLY
18. Has the business being acquired been in operation in the same county for more than one ❑ Yes❑ No
year before the acquisition?
If Yes, provide permit number for existing package store:
If No, this does not qualify as an acquisition, and will be considered a new location.
AL L APPLIdANTS -
19. CHECK HERE IF NOT IN CITY LIMITS ❑
1, the applicant, have confirmed the location is not located within city limits,therefore city certifications are not required.
COMPLETE THE FOLLOWING CHECKLIST BEFORE SUBMITTING YOUR APPLICATION
Per Sec.10201,a tied house Is defined as any overlapping ownership between those engaged in the alcoholic beverage industry at different levels of the
three-tier system.No person having an interest In a permit Issued by TABC may secure or hold,directly or indirectly,an ownership interest in a business on a
different level.
AII required forms have been completed. ❑ Yes ❑ No
I have reviewed all forms to ensure they are complete. ❑ Yes ❑ No
I have obtained all required local and state certifications(pages 3-4). ❑ Yes ❑ No
All application packets have been notarized. ❑Yes ❑ No
Phone numbers and email address for Contact Person are up to date. ❑ Yes ❑ No
All additional documentation as required by the application packets is attached ❑ Yes ❑ No
If required, out of state criminal history checks are attached(PHS#7). f ❑ Yes ❑ No ❑ N/A
Certification of publication in local newspaper has been completed (page 4). ❑ Yes ❑ No ❑ N/A
A copy of the newspaper publication is attached (page 4). ❑Yes ❑ No ❑ N/A
Page 2 of 4 L-OFF(12120191
{«, 4r,,rltant I 118i igax -" ftr Fir ,�}
WAR � � � ,
` In dtv�duallliidtutdual`t3wrier CorporaUonf(Jffiaer
SIGNALTUREPartrt ruler {I fined Uabl t�,ar�l ! r or Mana er
_.r _ . _ tr►Y g
,.. :�. .... tJ?it�nit�id r4bkp j
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 swum commits an offense punishable by imprisonment in the Texas Department of
Criminal Justice for not less i6an 2 nor more than 10 years."
BY SIGNING YOU ARE SWEARING TO ALL INFORMATION AND ATTACHMENTS TO THIS PACKET.
PRINT SIGN
NAME HERE
I
I
TITLE
Before me, the undersigned authority, on this day of ,20 , the
person whose name is signed to the foregoing application personally 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
f
f
i
CLR FICi14TE OF CtTY (FOR P Q, OF&SQ) w
Sections 11.37&C51.37 —
j I 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 TEAS
City Secretary/Clerk City
SEAL
ATE-OF COUNTY CLERK (FOR P9 FS
I Pat,1.1.3714137
_.
of
y
I hereby certify on this day of 20 ,that the location for which the
i
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
ourtSIGN
HERE COUNTY
County Clerk
SEAL
t
Page 3 of 4 L-OFF(1212019
111 IS
o gg"'
I WT#0&A-'Wb#'t
x
I hereby certify on this day of 120 that the location for which the
license/perm it is sought as the place of business is in a "wet" area and is not prohibited by any valid order of
the Commissioner's Court for a Wine and Beer Retailer's Off-Premise Permit.
Most current election for given location was hold for.
[I legal sale of all alcoholic beverages for off-premise consumption
Fj legal sale of all alcoholic beverages
F-1 legal sale of all alcoholic beverages except mixed beverages
El legal sale of all alcoholic beverages including mixed beverages
n legal sale of mixed beverages
❑ legal sale of mixed beverages in restaurants by food and beverage certificate holders
❑ legal sale of wine on the premises of a holder of a winery permit
Ej legal sale of beer/wine(17%)on-premise or beer/wine off-premise AFTER Sept. 1,1999
E3 legal sale of beer/wine(14%)on-premise or beer/wine off-premise BEFORE Sept. 1,1999
SIGN
HERE COUNTY
County Clerk
SEAL
0C
TACP40K PF� ICACCOUNT Egli [CATE
Sections 1 1.46(b)&61.4
This is to certify on this day of 20 the applicant holds or has applied
for and satisfies all legal requirements for the issuance of a Sales Tax Permit under the Umited Sales, Excise and Use Tax
Act or the applicant as of this date is not required to hold a Sales Tax Permit
Safes Tax Permit Number Outlet Number
Print Name of Comptroller Employee
Print Title of Comptroller Employee
SIGN
HERE FIELD OFFICE
SEAL
..........
sections 11 39 8s 61
Name of newspaper
City, County ATTACH PRINTED
Dates notice published in daily/weekly
newsp _per_(ly[WQQNYY)9
s i-- .p __ __ _ COPY OF THE
or designee verifies attached notice was
newspaper
an dates sho,wn-.
Signature of publisher ord!�signee NOTICE HERE
Sworn to and subscribed
before me on this date
Signature of Nota!y Public Hover over to see example
SEAL
Page 4 of 4 L-OFF(12/2019