AGENDA CAPTION:
Title
CUP-26-46 (Blind Salamander) Hold a public hearing and consider a request by Allen Shy, on behalf of Blind Salamander, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 301 N LBJ Dr. (K. Buck)
Body
Meeting date: September 8, 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):
N/A Arts and Culture - Choose an item.
N/A Economic Development - Choose an item.
N/A Environment & Resource Protection - Choose an item.
N/A Housing + Neighborhoods - Choose an item.
N/A Land Use + Community Design and Character - Choose an item.
N/A Parks & Public Spaces + Health, Safety & Wellness - Choose an item.
N/A Transportation - Choose an item.
N/A Core Services
N/A Not Applicable
Master Plan:
Choose an item.
Background Information:
Blind Salamander has held a “Restaurant (Eating Establishment)” Conditional Use Permit (CUP) since 2021. 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.
2021: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for one year, with conditions.
2023: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for three years 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 with the following conditions:
1. The permit shall be valid for three (3) years, and shall expire September 8, 2029, provided standards are met;
2. The business shall be responsible for the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 50 feet of any entrance and exit in a clean and sanitary condition, free from litter and refuse at all times. The maintenance responsibilities shall not overlap with another alcohol CUP Holder’s maintenance area. (LDC Section 5.1.5.5.E.2.c);
3. 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 in accordance with the City’s Health Code.
4. The business must have meals available to customers during the hours that 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 service.
5. The business must be used, maintained, advertised, and held out to the public as a place where meals are prepared and served. An eating establishment shall have a posted menu on their website and any applicable social media platforms.
6. The number of people occupying the building is required to remain compliant with the fire code, to include ensuring that occupancy loads stay at or below posted levels; and
7. The permit shall be posted in the same area and manner as the Certificate of Occupancy