AGENDA CAPTION:
Title
CUP-25-42 (Rooftop on The Square Alcohol CUP Renewal) Hold a public hearing and consider a request by Robert Espinosa, on behalf of Rooftop on The Square, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 126 S. Guadalupe St. (W. Rugeley)
Body
Meeting date: August 26, 2025
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative: [Please select from the dropdown menu below]
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N/A
Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
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Master Plan:
Vision San Marcos - A River Runs Through Us
Background Information:
• 2012: The business received a Restaurant CUP which was approved for one year. During 2012, the business received enforcement/citation letters for violations regarding the restaurant requirements associated with the CUP and Certificate of Occupancy requirements. These violations were subsequently resolved by the business.
• 2013: The business received two violations for serving alcoholic beverages to intoxicated customers. As a result, renewal of the Restaurant CUP was approved for two periods of three months, with conditions to monitor the business followed by an approval of six months, with conditions.
• 2014: The renewal Restaurant CUP was approved by the Planning and Zoning Commission for six months, with conditions followed by an approval with conditions later that year for one year.
• 2015: The renewal Restaurant CUP was approved for three years with conditions.
• 2018: The renewal Restaurant CUP was approved for three years with conditions.
• 2021: The renewal Restaurant CUP was approved for three years with conditions.
The first floor of the building previously included a dining area for Brooklyn Pie Co. However, the applicant advised staff that this space will now be occupied by Bagel Bros.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of CUP-25-42 with the following conditions:
1. The permit shall be valid for six (6) months, provided standards are met;
2. No live music and no speakers are permitted in the outdoor patio areas;
3. Food shall be available to patrons in all areas of the restaurant in a manner that meets the requirements of Section 5.1.5.5(4)(b), Eating Establishments - Downtown CBA Boundary; and
4. The permit shall be posted in the same area and manner as the Certificate of Occupancy.