AGENDA CAPTION:
Title
CUP-25-55 (Bayle’s) Hold a public hearing and consider a request by Andrew Ray, on behalf of Bayle’s, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 130 E San Antonio St, Unit C. (K. Buck)
Body
Meeting date: November 12, 2025
Department: Planning and 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:
N/A
N/A
N/A
Comprehensive Plan Element (s):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
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☐ Core Services
☐ Not Applicable
Master Plan:
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Background Information:
In July of 2024, Planning and Zoning Commission approved the initial Conditional Use Permit for Bayle’s, subject to one (1) year commencing upon the issuance of the Certificate of Occupancy.
Staff has determined the proposed restaurant meets all requirements under Section 5.1.5.5.4.B <https://user-3vpeqil.cld.bz/San-Marcos-Development-Code-Effective-10-17-23/314/>. The applicant is providing meals for customers during two (four hour-long) meal periods each day the business is open.
Senate Bill 1008 provides provisions on the city’s ability to prohibit amplified sound at a restaurant. Per this bill and staff’s analysis, the City can enforce the existing noise ordinance.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of CUP-25-55 with the following conditions:
1. The permit shall be valid for three (3) years, commencing on December 9, 2025, provided standards are met; and
2. No speakers or live amplified music shall be permitted in the outdoor areas; and
3. Indoor amplified music shall not be permitted before 5pm; and
4. Hours of operation shall be no later than 2 am; and
5. The business shall be responsible for maintaining all areas within 50 feet of an exit, and all areas within the permitted property in a clean and sanitary condition, free from litter and refuse at all times; and
6. 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
7. The permit shall be posted in the same area and manner as the Certificate of Occupancy.
Note: No new conditions are being proposed from previous approvals