Elhamad Investments, owner of Maria's Mini Mart, is requesting a variance to sell beer and wine for off-premise consumption in a convenience store located at 1631 E. Vickery Boulevard. The convenience store is located approximately 162 feet from the front door of Calvary's Nation of Faith, located at 1632 E. Vickery Boulevard, as depicted on the attached map.
Section 4.4(a) of the City's Alcoholic Beverages Code, Chapter 4 of the City Code, provides that it is unlawful to sell alcoholic beverages at a place of business that is located within 300 feet of any church, public school or public hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
Section 4-4(f) of the City Code provides that the City Council may grant a variance from the 300-foot regulation as follows: The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or that a previous permit was issued for the premises in error and enforcement of the regulation would be inequitable, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. Elhamad Investments requests that the City Council grant a variance from the 300-foot distance regulation.
Notice of the hearing has been sent to owners of property within 300 feet and to registered community organizations within 1/2 mile of 1631 E. Vickery Boulevard as required by Section 4-4(f) of the City Code. The church has not responded to written requests by the applicant or Staff to note the church's position on the alcohol variance. The applicant has provided documentation of their request to the church for comments or a response related to the church's position on variance for the sale of alcoholic beverages at 1631 E. Vickery Boulevard.
This M&C does require a public hearing to get input from the applicant and surrounding property owners.
This property is located in COUNCIL DISTRICT 8.
This M&C does not request approval of a contract with a business entity.
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