AGENDA CAPTION:
Title
CUP-26-21 (Archies) Hold a public hearing and consider a request by Ryan Bunger, on behalf of Archies, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 301 N LBJ Dr, Ste 119. (K. Buck)
Body
Meeting date: May 12, 2026
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account or Project Number (C = CIP funds): 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):
☐ Arts and Culture - Choose an item.
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Housing + Neighborhoods - Choose an item.
☐ Land Use + Community Design and Character - Choose an item.
☐ Parks & Public Spaces + Health, Safety & Wellness - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan:
Choose an item.
Background Information:
Archies has held a “Restaurant (Eating Establishment)” Conditional Use Permit (CUP) since December of 2024. In accordance with the Development Code, a “Restaurant (Eating Establishment)” located within the Central Business Area (CBA) must meet certain standards related to kitchen equipment, meal periods, advertisement, and cleanliness outlined in Section 5.1.5.5.B.4.b.
2024: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for one year, effective upon the issuance of a TABC license, with conditions.
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 and any conditions related to noise added to this CUP.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of CUP-26-21 with the following conditions:
1. The permit shall be valid for three (3) years, and shall expire on December 31, 2028, provided standards are met;
2. No outdoor Amplified, Background, and/or Acoustic Sound shall be permitted after the closing of the business but in no case later than 10 pm Sunday - Thursday.
3. No outdoor Amplified, Background, and/or Acoustic Sound shall be permitted after the closing of the business but in no case later than 11 pm Friday - Saturday.
4. The business is responsible for cleaning the area within 100 feet of any exit (LDC Section 5.1.5.5.E.2.d);
5. The business must have a kitchen and food storage facilities of sufficient size to enable food preparation. The kitchen must be equipped with, and must utilize, a commercial grill, griddle, fryer, oven, or similar heavy food preparation equipment;
6. The business must serve meals to customers during at least two meal periods each day the business is open. A meal must consist of at least one entree, such as a meat serving, a pasta dish, pizza, a sandwich or similar food in a serving that serves as a main course for a meal. At least three entrees must be available during each meal period. A meal period means a period of at least four hours;
7. The business must be used, maintained, advertised and held out to the public as a place where meals are prepared and served;
8. The occupancy is required to remain compliant with the fire code, to include ensuring that occupant loads stay at or below posted levels; and
9. The permit shall be posted in the same area and manner as the Certificate of Occupancy.