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Home My WebLink AboutPR 22708: REQUEST FOR A VARIANCE AS IT PERTAINS TO THE SALE OF ACLCOHOL BBEVERAGES AT 2649 GULFWAY DRIVE P.R. No. 22708 07/26/2022 ht RESOLUTION NO. A RESOLUTION ADDRESSING A REQUEST FOR A VARIANCE PURSUANT TO SECTION 6-35 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR AND SECTION 109.33 OF THE TEXAS ALCOHOL AND BEVERAGE CODE AS IT PERTAINS TO THE SALE OF ALCOHOLIC BEVERAGES AT 2649 GULFWAY DRIVE, PORT ARTHUR, TEXAS. WHEREAS, 1] Discount Liquor applied to the City of Port Arthur requesting a permit to sell alcoholic beverages at 2649 Gulfway Drive, Port Arthur, Texas. The applicant has proposed to reopen a liquor store and has applied for a package store permit; and, WHEREAS, the premises on which the application has been made is within 300 feet of the property line of Keeping Him Close by Bible Church. A map depicting the exact location is attached hereto as Exhibit "A"; and, WHEREAS, Section 109 of the Texas Alcohol and Beverage sets forth parameters for the regulation of alcohol sales. Additionally, Section 6-35 of the Code of Ordinances of the City of Port Arthur specifically prohibits the sale of alcoholic beverages within 300 feet of a church, public or private school or public hospital; and, WHEREAS, Section 109.33 (e) provides that a municipality that has enacted regulations for the sale of alcohol may also allow variances to the regulation if the governing body makes the following determination: 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 an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the court or governing board, after consideration of the health, safety, and welfare s.pr22708 of the public and the equities of the situation, determines is in the best interest of the community; and, WHEREAS, the above referenced provision relating to a variance was also adopted by City Ordinance and Section 6-35 (d) of the Code of Ordinances; and, WHEREAS, the applicant has requested a variance, as denoted in Exhibit "B". A copy of the application and other documentation is attached hereto as Exhibit "C". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts, and opinions in the preamble are true and correct. THAT, the City Council finds that a variance shall be granted based upon a determination that additional safety measures will be put in place by the applicant to prevent the sale of alcoholic beverages to minors. These safety measures will allow the business to operate in such a manner that does not pose a danger to the health, safety, and welfare of children of the community. THAT, a copy of this resolution be forwarded to the Texas Alcohol and Beverage Commission. THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED,this day of , 2022 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: , s.pr22/08 NOES: Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: J bjeYq Valecia R. T keno, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager s.pr22708 EXHIBIT "A" s.pr22708 • v 6 ti "• I. S� f.2 'r+• ""'mit' ^� 1 I '41 Ir,.. •Ii. k-4... 0' it 6 t‘ ei.r CV i ' 14k, 1. ' , 1r as ;. ' _ ' $,L� �. , . 1 • ' *.. t{'3 `. 'T` • ''/;,,..•21--. .. V N. • y.. 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EXHIBIT "B" s.pr22708 To: Valecia Tizeno, City Attorney Kelly Moore, Assistant City Secretary From: Jo Ann Wycoff JUL 25'22 12:26P Date: July 25, 2022 Subject: Package Store Permit 2649 Gulfway Drive I am requesting approval for a variance to reopen our family business JJ Discount Liquor located at 2649 Gulfway Drive, Port Arthur, Texas. My parents open this business from 1985 to June 11, 2022 for 37 years. I would like to continue operating our family business. The variance waving would allow me to complete my application process for a new permit and liquor license. Thank you, JoAnn Wycoff EXHIBIT "C" s.pr22708 6/28/2022 Document Initial Application Information Authority Type: I am a principal or authorized user with binding authority Prefix: Mrs Legal First Name: JoAnn Legal Last Name: Wycoff Email Address: joann.wycoff@yahoo.com Phone Number: 409-960-4227 Principal Parties Principal Parent Entity Principal Party Role %Ownership JoAnn Wycoff JoAnn Wycoff Owner 100 https:litabcaims.elicense365.com/Licensing/ApplicationSummary`token=C82332B420C740F05FC827713DC6D6625BA36CA252CD28D0610B92E9B697B83BA... 3/9 6,28 2022 Document Basic Business information Business/Trade Name: J J Liquor What is your primary business at this location? Package Store / Liquor Store Location's Phone Numbers Business Phone Number 409-983-4655 Alternate Phone Number 409-960-4227 Location Address Address: 2649 Gulfway Drive, Port Arthur, TX, United States, Jefferson 77640 Is your location within city limits? Yes Mailing Address Information Address: 2649 Gulfway Drive. Port Arthur, TX, United States, Jefferson 77640 Measurement Information Is a residential address or established neighborhood association located within 300 feet of No any property line of your premises? https://tabcaims.elicense365.com/Licensing/ApplicationSummary?token=C82332B420C740F051 C827713DC6D6625BA36CA252CD28D0610B92E9B697B83BA... 419 6/28/2022 Document Property Ownership Do you, the,applicant, own the land, building, and/or Yes warehouse at this proposed licensed location? Are you operating under? None Location Diagram Posted the 60 day sign: Yes haps://tabcaims.elicense365.com/Licensing/ApplicationSummary'token=C82332B420C740F05FC82T713DC6D6625BA36CA252CD28D0610B92E9B697B83BA... 5/9 6/28/2022 Document • h7" p.LCOy0 „TEXAS ALCOHOLIC Ly: 'gift BEVERAGE COMMISSION Rye / r ars Helping Burmenn d Pmr rung C mmuninn JPO CERTIFICATE OF CITY SECRETARY FOR: (P, 0, BF & BO) Section 11.37 & 61.37 Not later than the 30th day after the date a prospective applicant for a license or permit requests certification, the city secretary or clerk shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the license or permit is sought is prohibited by ordinance. I hereby certify on this day of , that the location for which the license/permit is sought is inside the boundaries of this city or town, in a "wet" area for such license/permit,and not prohibited by charter or ordinance in reference to the sale of such alcoholic beverages. OR I hereby refuse on this day of , 20 to certify this location. SIGN HERE City Secretary/Clerk City ,TEXAS SEAL haps://tabcaims.elicense365.com/Licensing/ApplicationSummary?token=C82332B420C740F05FC827713DC6D6625BA36CA252CD28D06I 0892E91369713838A... 6/9 6/28/2022 Document e,1LCoyo TEXAS ALCOHOLIC . BEVERAGE COMMISSION A, •9 ii-a.lhlMoms..0nr Bmo•.3 P+urecnng c mur, CF COOS. a,:- Document reference ID : 128350 Licensing Application Summary You must review your application and confirm that the information displayed here is correct. Select Review and Confirm to continue and make the payment. If the information is not correct, select Next to return to the application, edit the data as needed and finalize the submission. If you need to store the application packet for your records, select Download. Application ID: 128350 Applicant Name: JoAnn Wycoff License Type applied for: Package Store Permit (P) Applicant Information Prefix: Mrs Legal First Name: JoAnn Legal Last Name: Wycoff Entity Information Business Structure: Sole proprietorship Country of Origin: ID Type: Historically Underutilized Business: No Veteran-owned business: No Fraternal Owned: No Filing State: TX l ttps://tabcaims.elicense365.com/Licensing/ApplicationSummary`token=C82g32B420C740Fn5FC827 713DC6D662 BA36CA252CD28D0610B92E9B697B83BA... 1/9 6128/2022 Document • Primary Business(Entity Contact Information Legal First Name: JoAnn Legal Middle Name: Wycoff Email Address: joann.wycoff@yahoo.com Phone Number: 409-960-4227 https:/'tabcaims.eIicense365.com/Licensi ng/ApplicationSummary?token=C8�332S420C740F05FC827713DC6D6625B A36CA252CD28D06I 0B 92E9B6971383BA... 219 E gy J JJLDE M4'49 HEALTH City of C"y' ` , DIVISION OF ENVIRONMENTAL&CONSUMER HEALTH � /� 449 AUSTIN AVE,Port Arthur,Texas 77640 P.O.Box 1089,Port Arthur,Texas 77641-1089 ort rth u r Phone: (409) 983-8107 Texas Fax: (409) 983-5012 Nathaniel.Collins@PortArthurtx,gov THURMAN BILL BARTIE,MAYOR DONALD FRANK,SR,MAYOR PRO TEM COUNCIL MEMBERS: RONALD"RON"BURTON,CITY MANAGER INGRID HOLMES CHARLOTTE MOSES JUDITH SMITH/DIRECTOR OF HEALTH CAL JONES THOMAS KINLAW,III KENNETH MARKS NATHANIEL COLLINS JR,CHIEF SANITARIAN APPLICATION FOR ALCOHOL LICENSE/PERMIT MINIMUM HEALTH RELATED EQUIPMENT REQUIREMENTS OWNER INFORMATION Owner of Business/Applicant: JoAnn Wycoff Contact Name/Title: JoAnn Wycoff Address: 2649 Gulf way Drive City/State/Zip: Port Arthur, TX 77640 Business Number: 409-983-4655 Alternate Number: 409-960-4227 Email Address: Joann.wycoff@yahoo.com LOCATION INFORMATION Trade Name of Location: J J Liquor Location Address: 2649 Gulf way Drive City/State/Zip: Port Arthur, TX 77642 TYPE OF OFF-PREMISE LICENSE/PERMIT ❑ BQ-Wine & Beer Retailer's Off Premise ❑ LP- Distributor's Permit ❑ Beer Retail Dealer Off Premise ❑ Local Cartage Permit ® Package Store Permit ❑ ET- Local Cartage Transfer Permit ❑ Q-Wine Only Package Store ❑ PS- Package Store Tasting Permit PRIMARY BUSINESS HEALTH REQUIREMENTS ADDITIONAL NOTES Refer to the 2021 Texas Food Liquor Store Establishment Rules (TFER) Verification needed via final walk-thru to obtain final permitting and 2017 FDA Code from the Health Department APPROVED FOR HEALTH: XAPPROVED DISAPPROVED Printed Name: Nathaniel Collins Jr. Signature: 11/hytte,��/-C,��,(, 4 Title: Chief Sanitarian Date: 07/06/2022 Cc: City Secretary FORM P02-2017 PDL 1 Energy = DEPARTMENT OF DEVELOPMENT SERVICES City Cite of ` ADIVISION OF PLANNING&ZONING Aed 444 4th Street, Port Arthur,Texas 77640 P.O. Box 1089,Port Arthur,Texas 77641-1089 ort rth uu r Phone: (409) 983-8135 Texas Fax: (409) 983-8137 paplanning(a portarthur.net THURMAN BILL BARTIE,MAYOR RONALD"RON"BURTON,CITY MANAGER REV.DONALD FRANK,MAYOR PRO-TEM COUNCIL MEMBERS: PAMELA D.LANGFORD,DIRECTOR OF DEVELOPMENT SERVICES LARRY BADON,SENIOR PLANNER INGRID HOLMES KENNETH MARKS KRYSTAL WILLIAMS,DEVELOPMENT SERVICES TECHNICIAN CAL JONES CHARLOTTE MOSES THOMAS KINLAW,III APPLICATION FOR OFF-PREMISE LICENSE/PERMIT ZONING PRE-QUALIFICATION OWNER INFORMATION j Owner of Business/Applicant: Not Provided Type of Owner: Not Provided Contact Person: N/A Address: 2649 Gulfway Drive City/State/Zip: Port Arthur, TX 77640 Business Number: 409-983-4655 Alternate Number: 409960-4227 Email Address: N/A LOCATION INFORMATION Trade Name of Location: JJ Liquor Location Address: 2649 Gulfway Drive City/State/Zip: Port Arthur, TX 77640 TYPE OF OFF-PREMISE LICENSE/PERMIT j BQ-Wine and Beer Retailer's Off-Premise f— LP-Local Distributor's Permit i BF-Beer Retail Dealer's Off-Premise I— E-Local Cartage Permit Fi P-Package Store Permit r ET-Local Cartage Transfer Permit r Q-Wine Only Pakage Store Permit E PS-Package Store Testing Permit PRIMARY BUSINESS ZONING DESIGNATION ADDITIONAL NOTES JP#2— LEGAL SALE OF ALL ALCOHOLIC BEVERAGES Liquor Store LC - Light Commercial **NOTE: In accordance with Chapter 6 of the City Code of Ordinance, no permit shall be approved for the sale of alcohol within 300' of a church... APPROVED FOR ZONING: ❑ APPROVED DI ROV c Printed Name: Pamela D. Langford _ Signature: (Lm c • (Am q, ( ,J Title: Assistant City Manager-Operations Date: 07/26/2022 Cc: City Secretary FORM P01-10/2019 PDL Kelly Moore From: Philip Vilardi Sent: Wednesday, July 27, 2022 8:46 AM To: Kelly Moore Cc: Pamela Langford; Nathaniel Collins; Sherri Bellard Subject: TABC JJ Liquor FW:Attached Image Good Morning, There is a church (Keeping Him Close Bible Church) 261 feet away from JJ's. I measured it with a measuring wheel on site. Philip Vilardi CBO, CFM Chief Building Official City of Port Arthur (409)983-8261 Office Philip.vilardi@portarthurtx.gov www.portarthurtx.gov 1