AGENDA CAPTION:
Title
CUP-20-13 (Longhorn Daiquiris) Hold a public hearing and consider a request by Andrea Villescaz on behalf of G&S Development LLP, for a Conditional Use Permit to allow the sale of beer and wine for on premise consumption at 1617 Aquarena Springs Drive. (A. Hernandez)
Body
Meeting date: September 22, 2020
Department: Planning & Development Services
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Background Information:
Longhorn Daiquiri opened as a food trailer, using the main building as a seating area, in May of 2020. In July, 2020 an application was submitted for a Conditional Use Permit for on premise consumption.
During the month of August, 2020 there were several violations noted by Code Compliance, as well as calls to the Police Department for noise and fighting. The business was found using a kitchen which was not suitable for food service and selling alcoholic beverages. Several noise complaints were made, but there was not confirmation that the sound was from the establishment. The applicant indicated that the police calls on August 2nd were from an event hosted by an outside entity.
TABC was contacted and confirmed violations of the requirements for the sale of alcoholic beverages.
Police, Fire, and Code Compliance have concerns with the continuation of this business at this location and have provided recommendations of denial.
Council Committee, Board/Commission Action:
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Alternatives:
Should the Commission choose to approve this request, staff recommends the inclusion of following conditions:
1. The permit shall be valid for six (6) months, provided standards are met,
2. The permit shall be effective upon completion of a functioning kitchen that meets all Environmental Health requirements to allow for food preparation,
3. The establishment shall meet all COVID orders and guidelines, including requirement for face coverings where 6 feet of social distancing is not feasible and limiting the establishment to 50% capacity,
4. No alcoholic beverages may be consumed on premises after the posted hours of operation,
5. Alcohol sales shall constitute 50% or less of total gross receipts and shall be confirmed by posting of a TABC required blue weapons warning sign,
6. No outdoor live or amplified music shall be allowed, and
7. The permit shall be posted in the same area and manner as the Certificate of Occupancy.
Recommendation:
Staff recommends DENIAL of the request for a conditional use permit to allow the sale of beer and wine for on premise consumption