M&C Review


COUNCIL ACTION:  Approved on 6/11/2019 

DATE: 6/11/2019 REFERENCE NO.: G-19554 LOG NAME: 06AA-19-002, 1200 E. LANCASTER AVE
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: YES
SUBJECT:  

Conduct Public Hearing to Consider Variance from Section 4-4 of the City Code to Allow Beer and Wine Sales for On-Premise Consumption at Bad Axe Throwing Located at 1200 E. Lancaster Avenue (COUNCIL DISTRICT 8)


RECOMMENDATION:

It is recommended that the City Council consider a request from Nicholas Jahr, lessee of Bad Axe Throwing, located at 1200 E. Lancaster Avenue for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages within 300 feet of Fort Worth Can Academy - South located at 1316 E. Lancaster Avenue.

 
DISCUSSION:

Nicholas Jahr, lessee of Bad Axe Throwing, is requesting a variance to sell beer and wine for on-premise consumption in an amusement venue located at 1200 E. Lancaster Avenue. The amusement venue is located approximately 192 feet from the property line of Fort Worth Can Academy - South, located at 1316 E. Lancaster Avenue, 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 public school shall be a straight line where alcohol sales are proposed to the closest property line of the school.

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. Mr. Jahr 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 neighborhood organizations within 1/2 mile of 1200 E. Lancaster Avenue as required by Section 4-4(f) of the City Code. A letter from Fort Worth Can Academy - South has been requested/is attached.

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.

A Form 1295 is not required for this contract because:  This M&C does not request approval of a contract with a business entity.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that this action will have no material effect on City Funds.

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Submitted for City Manager's Office by:
Jay Chapa (6122)
Originating Department Head:
Randle Harwood (6101)
Additional Information Contact:
Beth Knight (8190)

 
 
ATTACHMENTS
  AA Map for M&C.pdf
  AA-19-002 Application.pdf