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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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1802 Lawyer
College Station, Texas 77840
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309 Tauber Street -
College Station, Texas 77840 -
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
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r'ol'eae Station, TX 77842
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A&M United Methodist Church
417 University Drive
_ College Station, Texas 77840
PS Form 3817, Mar. 1989
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COLLEGE STATION
P.O. Box 9960 1101 Texas Avenue College Station, TX 77842
'ZOLLEGE STATION
. Box 9960 1101 Texas Avenue College Station, TX 77842
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NU I Il;t OF
PUBLIC HEARING
The College Stn Plan-
ning and Zoning Commis-
sion will hold a public hear-
ing to consider a Conditional
Use Permit for 301 College
Main, to allow for a night
club.
The hearing will be held in
the Council Room of the
1 College Station City Hall,
1101 Texas Avenue at the
{ 7:00 P.M. meeting of the
3 Commission on Thursday,
January 6, 2000.
Any request for sign inter-
pretive services for the hear-
ing impaired must be made
48 hours before the meeting.
To make arrangements call
(409) 764-3547 or (TDD)
1-800-735-2989.
t For additional information,
please contact me at
i (408)764-3570. (y,~
SABINE MCCULLY r^`
J SENIOR PLANNER ' -
12-20-99
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1
CITY OF COLLEGE STATION
CUSTOMER RECEIPT
OPER: MRODGERS CT DRAWER: 1
DATE: 11/08/99 00 RECEIPT: 0038905
DESCRIPTION QTY AMOUNT TP TM
1999 169 1 $150.00 #PL5541
CK: PLANNING & ZONIN
TENDER DETAIL 5541 $150.00
CK
DATE: 11/08199 TIME: 15:32150.00
TOTAL PERSONAL CHECK $$150.00
AMOUNT TENDERED
THANK YOU
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CJTY COLLEGE STATV 2O
n x 99
Co!'ege Station, TX 77842
One piece of ordinary mail addressed to:
99-730cc _
A&M Presbyterian Church
301 Church Avenue -
College Station, Texas 77840
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PS Form 3817, Mar. 1989
Agenda Item. Cover Sheet
Q Regular Item
Consent Item
Workshop Item
Item Submitted By: Jessica Jimmerson, Staff Planner
Council Meeting Date: February 24, 2000
Director Approval:
City Manager Approval:
Item: Appeal of a Conditional Use Permit granted by the Planning and Zoning Commission on
January 6, 2000 for a nightclub use and site plan at 301 College Main.
Item Summary:
On January 6 h, 2000 the Planning and Zoning Commission granted a Conditional Use Permit for a
nightclub use and site plan at 301 College Main. This area is zoned NG-1, Historic Northgate,
which does allow nightclubs with a conditional use permit. The Commission did place a condition
on the C.U.P. that the roof of the building is not to be used until the parking garage is in
operation.
To grant the Conditional Use Permit the Commission had to find:
1. That the proposed use meets all the minimum standards established in this ordinance for this
type of use;
2. That the proposed use meets the purpose and intent of this ordinance and is in harmony with
the development policies and goals and objectives as embodied in the Comprehensive Plan for
Development of the City; and
3. That the proposed use will not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants, not be substantially or permanently injurious to
neighboring property."
Since that time the A&M United Methodist Church has decided to appeal the Commission's
decision. The Church is concerned with whether a nightclub use in this location is an appropriate
mix of uses in the area, especially with the intensity of this type of use in such close proximity to
their facility. They understand that historically there have been a variety of uses in this area and
that the Northgate Redevelopment Plan calls for a mixture of uses to continue. Their concern is a
nightclub use at this particular location. They feel that the noise, hours of operation, increased
pedestrian and vehicular traffic and other effects of a nightclub use would not be compatible with
their usage of their property. When representatives of the church met with staff, they stated that
under current conditions, they often find their parking lots occupied by non-members, and they
fear that allowing a more intense use, like a nightclub, will only exacerbate the problem.
In their original appeal letter they also discuss concerns about a possible liquor license at this
location. At this time the City has not received a request for an alcohol beverage permit for this
site. The alcohol issue is separate from the conditional use permit and will be addressed when and
if an application for a liquor license is received. A nightclub is defined by the Zoning Ordinance
as, " a commercial establishment including, but not limited to bars, coffee houses or similar
establishments where a dance floor, music, games or other entertainment is provided and where
the serving of food is not the principal business. Specifically included in this classification are
establishments that derive 75% or more of their gross revenue from the on-premise sale of
alcoholic beverages." College Station does have nightclubs that do not sell or allow the
consumption of alcoholic beverages on their premises. Remember, also, that TABC does not
allow us to deny a conditional use permit solely on the basis of the possible sale of alcoholic
beverages.
To evaluate whether to grant the Conditional Use Permit or not, the Commission took many
things into consideration. One of those is the Northgate Revitalization Plan. The Plan calls for
the area to be developed in a more urban style, which means parking needs are to be met by larger
commercial lots instead of by individual establishments. The Commission also considered the
recommendation of the NRB. In the three Northgate zoning districts the NRB has final authority
to set the parking requirements for all uses permitted by right. In this particular instance, because
of the Conditional Use Permit, the NRB and the Commission have some overlapping authority in
regards to parking. To address the concerns of increased traffic that this project will generate, the
NRB recommended that the roof not be used until the City's parking garage is in operation.
Using as a guide the requirements that other districts in the City must follow, this restriction
causes the number of parking spaces required to be lower than if the building, including the
proposed roof space, was used as a restaurant, which is a use permitted by right in this zoning
district.
It is the burden of the person or persons appealing the granting of a C.U.P to show that the
Commission's decision is unjust and/or was made in error, in whole or in part. It is staff's
understanding that A&M United Methodist Church intends to present additional information to
Council at the meeting.
Budgetary and Financial Summary: N/A
Related Advisory Board Recommendations:
The NRB subcommittee recommended approval of the use; the aesthetics and the site plan with
the condition that the roof not be used until the parking garage is complete.
The Planning and Zoning Commission approved the use and site plan, by a vote of 3-2, with the
condition of compliance with all ordinance requirements, distance requirements, and with staff and
NRB conditions.
Staff Recommendation: In general, the Northgate Plan encourages development and
redevelopment of commercial uses. It also recommends a mix of uses, as well as, the continued
presence of churches within this mix. Therefore, staff recommends upholding the Commission's
decision.
Council Action Options:
1. Uphold the decision of the Commission as it was passed.
2. Overturn the decision of the Commission in its entirety.
3. Remand the case back to the Commission for reconsideration of certain and specific points.
Supporting Materials:
1. Letter of Appeal with attachments
2. Staff Report to the Planning & Zoning Commission
3. P&Z Commission Meeting Minutes
4. NRB Meeting Minutes
5. Location Map
ti
~~i.ICITY OF COLLEGE STATION
~gq%vjwvmr LEGAL DEPARTMENT
%Q F. j POST OFFICE 8OX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77642-9960
(409) 764-3507
MEMORANDUM
TO: Connie Hooks, City Secretary f~xa*4t--
FROM: Roxanne Nemcik, Acting City Attorney
SUBJECT: Issuance of a Beer and Wine Permit to Texadelphia
DATE: January 17, 1997
QUESTION PRESENTED:
Todd McDaniel has asked me to provide you with a legal opinion that answers the question:
Whether the method the staff has used to measure the distance from Texadelphia's business to any
church within the general vicinity comports with state lave?
SHORT ANSWER:
CHAPTER 1, SECTION I OD(2) OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES prohibits
the sale of alcoholic beverages within 300 feet of a church, public hospital or public school.
Mr. Madden, the owner of a Texadelphia fi-anchise, has submitted an application for a wine and
beer permit to the TABU and the City of College Station. The proposed Texadelphia Restaurant
will be located at 317 to 319 Patricia Street in College Station Northgate Zoning District. The
staff has measured the distances between the proposed restaurant and any churches in the locale
to determine whether the City may issue a permit. Todd has forwarded a map depicting the on-
the-ground measurments that the staff has taken. The issue here is whether this measurement
comports with state lave? .
DISCUSSION:
An incorporated cittyy may enact regulations applicable in the city prohibiting the sale of alcoholic
beverages by a3dealer whose place of business is within 300 feet of a church42 public school, or
public hospital. In order to regulate, the city must first have enacted an ordinance.` Because the
City Council has enacted an ordinance prohibiting the sale of liquor within 300 feet of a church,
' Texas Alcoholic Beverage Commission
2 A church is defined in our ordinance as "a building used principally for religious worship and in which persons
assemble and congregate to worship at least once each week and which is owned by such congregation or persons
or leased by such congregation for a period of more than one year.
SECnoN 109.33(A), TExm ALcoHouc BEvERAOE CODE (VERNON SUPP. 1997)
4 See, F.zzell v Texas Alcoholic Beverage Commission et at., 528 S.W.2d 888, 890 (Tex. App. - Fort Worth 1975
no writ).
Jr/dJan97/ts mdoc
i
Connie Hooks
January 17, 1996
Page 2
public school or public hospital, and the ordinance is not in conflict with state law, we may regu-
late these businesses.
Notwithstanding the enabling legislation authorizing a municipality o regulate, the legislature has
established a method by which cities must measure the distance.' This method of measuring
distance cannot be altered by a city.6 The prescribed method to measure the distance between the
place of business where alcoholic beverages are sold and the church shall be along the property
lines of the street fronts and from front door to front door, and in direct lines across intersec-
tions. The city's ordinance prescribes the same method of measurement. In addition to the
statutory method of measurement, Texas courts have further interpreted the statutory language to
provide the following guidance concerning distance measurement. Consequently, these rules
should be used in conjunction with the statutory method of measurment when computing
distance.
1. At street intersections the crossing should be diagonally instead of crossing
each street at right angles.8
2. Where there is more than one front door, any door of the church or institution
can be considered the front door.9
3. A city street does not have to be crossed at an intersection with another street
but rather at the point on the block where the front door of the church or insti-
tution is located. 0
I have attached two diagrams to this memorandum that illustrate the correct method of measuring
the distance from a church to a business that sells alcohol. These diagrams are excerpts from two
cases that are cited in the footnotes hereinbelow Robinson and F.zzell.
The revised map that the staff has submitted to you measures the distance in this case in accor-
dance with the Awomuc BEvEizAGE CODE and case law. Using the prescribed method of
measurement, the distance from Texadelphia to the closest church, A&M United Methodist,
exceeds the 300 feet restriction. Thus, you may approve the application that Texadelphia has
submitted for a beer and wine permit.
RN jla
Attachments
cc: Skip Noe
Todd McDaniel
City Council
' See, SECTTON 109.33(B), TIDw ALooHOu c BEVERAGE CODE (VERNON Stipp. 1997).
6 See, City of Wichita Falls v. Abell, 566 S.W.2d 336, 339 (Tex. App. - Fort Worth 1978 writ ref' d.).
7 Id, See also, F=ell v. Texas Alcoholic Beverage Comm., 528 S. W. 2d at 891.
e Hallum v. Liquor Bowe& 166 S.W.2d 175 (Tex. Civ. App. - Dallas 1942, writ ref'(.)
9 Stubbs v. Texas Liquor Control Boarel, 166 S.W.2d 178 (Tex. Qv. App. -Dallas 1942, writ ret'd.)
10 Robinson v. City ojDallas, 193 S. W.2d 821, 823 (Tex. Civ. App. - Austin 1946, writ ref'(.)
Jdc/Jan97Ae=.doc
822 Tex. 193 SOUTH WESTEMN REPORTER. 2d SERIES
h
statement of facts, and the judgment was
in favor of the city. Robinson has ap-
pealed.
Robinson's brief states that the sole is-
sue for determination is the correct method
of measurement under the ordinance, the
pertinent part of which reads : "No li-
cense or permit of any kind provided for
under this ordinance shall be issued to any
dealer * * * where the place of busi-
ness of any such dealer is within 300 feet
of any church, * * * measurements to
be made along the property line of street
fronts, and from front door to front door,
and in a direct line across intersections
(streets) where they occur; * *
The situation and the respective methods
of measurement contended for is shown by
the following tracing of a blue print map
attached to the agreed statement:
Robinson operates a drug store under the
name of Forest Avenue Pharmacy in a
brick building at the corner of Forest and
Oakland Avenues.
The church fronts on the west side of
Oakland Avenue, which is 60 ft. wide be-
tween property lines. Its front door is
15 ft. E of the property line. The pack-
age store is in the above brick building
abutting on the west property line of Oak-
land Avenue, its north wall being 15 ft. S
of the S property line of Forest Avenue,
which intersects Oakland Avenue at right
angles. The 15-foot space between the N
wall of the package store and the S prop-
erty line of Forest Avenue is vacant. The
front door of the package store is in the
N wall of the building 15 ft. S of the south
property line of Forest Avenue, and 21 ft.
6 in. W of the west property line of Oak-
To Y- e s.. 4 V YflVl.
rug store under the
.e Pharmacy in a
rner of Forest and
1 . west side of
is 60 ft. wide be-
Its front door is
y line. The pack-
ove brick building
)perty line of Oak-
,vall being 15 ft. S
of Forest Avenue,
A Avenue at right
ace between the N
re and the S prop-
iue is .vacant. The
age store is in the
5 ft. S of the south
Avenue, and 21 ft.
aperty line of Oak-
k4
ulte-
IIOBINSON v. CITY OF DALLAS
Cite as 183 S.w.2d 821 Tex' 523
land Avenue; and appears to be readily
accessible from either Forest Avenue to
the N or Oakland Avenue to the E. Rob-
inson contends for the following method
of measurement: Begin at the church
door; thence 15 ft. to E line of O. Ave.;
thence N along said line 202 ft. to S line
of F. Ave.; thence west 81 ft. 6 in., cross-
ing O. Ave. to a point on its F. Ave. S
property line opposite package store door;
thence S 15 ft. to said door; in all
(15+202+81.5+15) 313.5 ft. The Cif '
the block in which the church is located;
but if we assume that it was at least 250
ft., and also assume that the door to the
liquor store was on the E (O. Ave.) side
of the building 21.5 ft. S of its N E corner,
under Robinson's contention his front door
would still be 313.5 ft. from the church
door; although in fact it would be 43 ft.
nearer that door than his present door.
We find no warrant in the ordinance for
such construction.
measurement follows: Begin at Chu ch
Robinson urges the additional point, upon
door; thence W 15 ft. to E. line of O.
which he cites no authority, that the city
Ave.; thence continuing W 60 ft. to its W
is estopped from questioning the validity
property line; thence N along said line 187
of his license. The basic supporting facts
ft. to N. E. corner package store build-
ft.
of such contention are these: In January
thence W 21 ft. 6 in. to its door; in
ing; the
1945 he applied for a package store permit
all
+187+21.5) 283.5 ft,
,
making inquiry at the time of the "proper
The ordinance
appears to have been
construed in onl
t
authorities of the City" as to the distance
his front door would be from th
h
y
wo cases, neither of
which has direct bearing upon the issue at
e c
urch
door, and requesting that official measure-
bar. Hallum v. Liquor Board
Tex
Civ
ments be made to determine whether such
,
.
.
App., 166 S.W.2d 175 (error ref.); Stubbs
distance was more than 300 ft. He was
v. Texas Liquor Control Board, Tex.Civ.
App., 166 S.W
2d 178 (
then informed that his then front door
(location not shown) was withi
300 f
.
error ref. W. M.).
The holding in the Hallum case was that at
n
t. of
the church door, but if it were moved to
street intersections the crossing should be
the present location the distance would be
diagonally instead of crossing each street
more than 300 ft. Accordingly he obtained
at right angles. That in the Stubbs case
a building permit from the city building
i
was that a church might have more than
nspector, and had a new front door cut
one front door, and that a Sunday School
at a cost (including incidental repairs) of
$1
000 Th
door constituted a front door. No other
,
ereafter, he again had the dis-
authority is cited by either party having
any beari
tance measured, and obtained a certificate
from the buildin
i
'
"
g
nspector
s office
ng upon the present issue.
on the
[1,2] We uphold the city's contention
as the only reasonable construction of the
ordinance. In its last analysis Robinson's
contention boils down to the proposition
that a city street may not be crossed except
at an intersection with another street.
There is nothing in the ordinance to war-
rant such construction, and to so construe
it would lead to manifestly untenable and
even absurd results. It is a matter of com-
mon knowledge that city blocks are of
varying sizes. Take the following hypo-
thetical case: the front door of a church
is on the property line in the exact center
of a block 300 ft. long; the package store
is in the exact center of the block (also
300 ft. long) on the opposite side of the
street which is say 50 ft. wide, and exactly
opposite, facing and only 50 ft. from the
church door. Under Robinson's conten-
tion the distance would be 350 ft. We have
not the length of frontage on O. Ave. of
proper form for a package store permit"
that the location was not prohibited by the
charter. Upon this certificate he obtained
permits as follows: from the Liquor Con-
trol Board for $166.64, and from Dallas
County and the city for $83.32 each; these
permits expiring August 1, 1945. There-
after he invested in excess of $4,000 in a
stock of liquors, wines and cordials.
(3,4] The ordinance is plain and unam-
biguous, and no authority was vested in the
city or any of its officials to construe it or
to do other than enforce it in accordance
with its express terms. The permit was
invalid, and could not be made valid by
any act of the city or of any of its officials.
The city was not estopped to assert its in-
validity. See Amarillo v. Stapf, 129 Tex.
81, 101 S.W.2d 229, a Commission opinion
adopted by the Supreme Court.
The trial court's judgment is affirmed.
Affirmed.
r "s had enacted
referred to in
e appellant did not
show that the City
such an ordinance
offered by anyone
+ an ordinance had
ty.
Wichita Falls had
ice and if the dis-
,or of the proposed
h the permit was
of the neighboring
when measured in
in the statute, was
the administrative
the permit would
hat ground alone.
e judicial notice of
oust be proved up
facts. See 23 Tex.
. 12.
fence that was in-
ict Court trial was
a 'tether or not
hun:n was located
the front door of
the wine and beer
*ord makes it ap-
ived just assumed,
veof, that Wichita
a effect that pro-
the permit if the
• doors is less than
ws the location of
the permit was to
w the location of
aptist Church and
distances that are
EZZELL v. TEXAS ALCOHOLIC BEVERAGE COMM. Tex. 891
CUe as In S.wsa s"
JYM%/r
4hmsBeRo Hilowhy
(4] To determine the distance from the
front door of the Church to the front door
of the store involved wherein the beer and
wine were to be sold the trial court held
that you should measure from point A on
the plat to point B (the property line of the
street front) which was a distance of 68 feet
5 inches; then measure north along the
property line to point C which point is the
nearest point on Christine Street to the
door of the store (a distance of 56 feet 9
inches); then measure from point C in a
straight line to the door of the store, whist
is point D on the plat and which last meas.
urement is 89 feet. The distance from
Church door to store door, when the dis-
tance is figured in the manner above indi-
cated, is 214 feet and 2 inches.
iG.M
Irl
The appellant contends that when the
distances from door to door are measured as
provided for in the statute you go from
point A (the Church door) to point'B (ppop-
erty line) 68 feet 5 inches; then measure
from point B to point E on the plat (111
feet); then go along the property line of
the street front from point E to point F
(directly in front' of the store door) a dis-
tance of 89 feet; and then measure from
point F to point D (the store door) a dis-
tance of 40 feet 3 inches. When these
measurements are added the distance is 808
feet and 8 inches. We disagree with appel-
lant's contention.
We hold that the measurement of 214
feet and 2 inches, as found by the trial
court, is correct. The manner of measuring
822 Tex. 193 SOUTH WESTERN REPORTER. 2d SERIES
statement of facts, and the judgment was Robinson operates a drug store under the
in favor of the city. Robinson has ap- name of Forest Avenue Pharmacy in a
pealed. brick building at the corner of Forest and
Robinson's brief states that the sole is- Oakland Avenues.
sue for determination is the correct method The church fronts on the west side of
of measurement under the ordinance, the Oakland Avenue, which is 60 ft. wide be-
pertinent part of which reads: "No li- tween property lines. Its front door is
cense or permit of any kind provided for 15 ft. E of the property line. The pack-
under this ordinance shall be issued to any age store is in the above brick buildin;
dealer * * * where the place of busi- abutting on the west property line of Oak-
ness of any such dealer is within 300 feet land Avenue, its north wall being 15 ft. S
of any church, * * * measurements to of the S property line of Forest Avenue,
be made along the property line of street which intersects Oakland Avenue at right
fronts, and from front door to front door, angles. The 15-foot space between the N
and in a direct line across intersections wall of the package store and the S prop-
(streets) where they occur; * * erty line of Forest Avenue is vacant. The
The situation and the respective methods front door of the package store is in the
of measurement contended for is shown by N wall of the building 15 ft. S of the south
the following tracing of a blue print map property line of Forest Avenue, and 21 ft.
attached to the agreed statement: 6 in. W of the west property line of Oak-
~ ;~tl
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i
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1. ~ I ~ ^t,~.1,ye~ ~•u..
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w tabcl.txt
Sec. 109.33. Sales Near School, Church, or Hospital.
(a) The commissioners court of a county may enact regulations
applicable in areas in the county outside an incorporated city or
town, and the governing board of an incorporated city or town may
enact regulations applicable in the city or town, prohibiting the
sale of alcoholic beverages by a dealer whose place of business
is within:
is hospital;
or
stoners
(1) 300 feet of a church, public school, or publ
(2) 1,000 feet of a public school, if the commis
court or the governing body receives a request from the board
of trustees of a school district under Section 38.007,
Education Code.
(b) The measurement of the distance between the place of
business where alcoholic beverages are sold and the church or
public hospital shall be along the property lines of the street
fronts and from front door to front door, nd in direct line
across intersections. The measurement of the distance between
the place of business where alcoholic beverages are sold and the
public schools shall be in a direct line from the property line
of the public school to the property line of the place of
business, and in a direct line across intersections.
(c) Every applicant for an original alcoholic beverage license
or permit for a location with a door by which the public may
enter the place of business of the applicant that is within 1,000
feet of the nearest property line of a public school, measured
along street lines and directly across intersections, must give
written notice of the application to officials of the public
school before filing the application with the commission. A copy
of the notice must be submitted to the commission with the
application. This Subsection (c) does not apply to a permit or
license covering a premise where minors are prohibited from
entering the premises under Section 109.53.
(d) As to any dealer who held a license or permit on September
1, 1983, in a location where a regulation under this section was
in effect on that date, for purposes of Subsection (a), but not
Subsection (c), of this section, the measurement of the distance
between the place of business of the dealer and a public school
shall be along the property lines of the street fronts and from
front door to front door, and in direct line across
intersections.
(e) The commissioners court of a county or the governing board
Page 1
tabcl.txt
of a city or town that has enacted a regulation under Subsection
(a) of this section may also allow variances to the regulation if
the commissioners court or governing body determines that
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 of the public and the equities of the
situation, determines is in the best interest of the community.
(f) Subsection (a)(2) does not apply to the holder of:
(1) a retail on-premises consumption permit or 1
icense if
less than 50 percent of the gross receipts for the premises is
from the sale or service of alcoholic beverages;
(2) a retail off-premises consumption permit or
license if
less than 50 percent of the gross receipts for the premises,
excluding the sale of items subject to the motor fuels tax, is
from the sale or service of alcoholic beverages; or
(3) a wholesaler's, distributor's, brewer's, dis
tiller's and
rectifier's, winery, wine bottler's or manufacturer's permit o
r
r
license, or any other license or permit held by a wholesaler o
manufacturer as those words are ordinarily used and understood
in Chapter 102.
Acts 1977, 65th Leg., p. 526, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 4038, ch. 629, Sec. 1,
eff. Sept. 1, 1983.
Amended by Acts 1995, 74th Leg., ch. 260, Sec. 7, eff. May 30,
1995.
Sec. 109.331. Sales Near Day-Care Center or Child-Care Facility.
(a) This section applies only to a permit or license holder
under Chapter 25, 28, 32, 69, or 74 who does not hold a food and
beverage certificate.
(b) Except as provided by this subsection, the provisions of
Section 109.33 relating to a public school also apply to a
day-care center and a child-care facility as those terms are
defined by Section 42.002, Human Resources Code. Sections
Page 2
tabcl.txt
10 109.33(a)(2) and (c) do not apply to a day-care center or
child-care facility.
(c) This section does not apply to a permit or license holder
who sells alcoholic beverages if:
(1) the permit or license holder and the day-car
e center or
child-care facility are located on different stories of a
multistory building; or
(2) the permit or license holder and the day-car
e center or
child-care facility are located in separate buildings and
either the permit or license holder or the day-care center or
child-care facility is located on the second story or higher o
f
a multistory building.
(d) This section does not apply to a foster group home, foster
family home, family home, agency group home, or agency home as
those terms are defined by Section 42.002, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 723, Sec. 1, eff. Sept. 1,
1997.
Page 3
From: Todd McDaniel
To: RNEMCIK
Subject: Texadelphia Properties -Reply -Reply
Roxy, Skip says "hump it" on the closing! Willie Madden says he can't do the
closing until he has received his Beer and Wine Permit but for us to go ahead
and schedule it. The easement will have to come later! Tom B. suggests that
we incorporate language into the Deed. This will be a permanent easement for
both access (sidewalk) and utilities. David Mayo is doing the metes and
bounds description! He is also doing one for Bottle Cap Alley. Skip wants us
to put an item on Exec. to discuss the acquisition of this property either
through an easement or condemnation. I will put together an estimate of what
it will cost. I don't think we should have it appraised until after Council
direction. Call mel Todd
Roxanne Nemcik 12/16/96 11:02am
I'll contact the title company and let you know what is the earliest that we
can close. If we need an access easement, then you will need to get a metes
and bounds description of the access easement so that I can prepare an
easement. Is this going to be a permanent easement or a temporary easement?
Todd McDaniel 12/16/96 08:51am
Roxy, Willie Madden called on Friday re: the Council action on the Real Estate
Contract. I wanted to touch base with you before I returned his call. As you
are probably aware, Mr. Madden wants to close on this property as soon as
possible. Do you have a feel for when that could happen?? Also, we are going
to need an access easement in front of that property for the Patricia Street
project depending upon where the property lines are in relation to Patricia?
Todd
CC: KLAZA
January 13, 2000
City Secretary
City of College Station
1101 South Texas Avenue
College Station, TX 77842
Dear Madam or Sir:
~j JAN 1 3 2000 I#: 30 e1
CITY SECRETARY'S OFFICE
This is to inform you of my desire to appeal the issuance of a Conditional Use Permit by the
Planning and Zoning Commission for an establishment at the corner of College Main and Church
Avenue. The permit is for a night club and was granted on January 6, 2000. I am a resident of
College Station and a member of A&M United Methodist Church. The appeal reflects concerns
of the congregation of A&M Methodist, as well as my own, with the proximity of a night club to
the church's education building located on the south east corner of College Main and Church
Avenue. The appeal is not concerned with the operation of a restaurant at the site or the serving
of alcohol incidental to that operation. The night club usage, however, is an entirely different
matter.
According to the staff report made to P&Z on January 6, the 300 foot buffer zone from a
church required by City Ordinance was satisfied. I can only assume the City has chosen to
interpret this measurement as being made to the front door of the sanctuary, which in our case is
more than 300 feet from the site. However, the site is well within 300 feet of the entrance to our
Family Life Center (formerly the First Baptist Church of C.S. sanctuary). The attachment shows
distances measured by a local Texas Alcoholic Beverages Commission agent. Our Family Life
Center is used for Sunday school and has been used for a 10:00 am. worship service.
Furthermore, as we begin renovation of our main sanctuary this year, we will relocate all our
worship services to the Center. So this building is certainly a Sunday school and arguably a
sanctuary as well.
I question the apparent strict interpretation of "church" as being the entrance to the main
sanctuary in the City Ordinance and would ask that City Council give consideration to the
situations this interpretation produces. In addition, at least in regard to the State statute on
issuance of liquor licenses, there seems to be recognition of a Sunday school room as "church"
(see attachement). In our case, the developer's representative in discussions at the hearing
described the possibility of a roof top dining and dancing area. Please imagine a live band playing
up there as we try to conduct an evening worship service or hold an evening activity for our junior
and senior high youth. If Council feels this is not an appropriate mixture of activities, please
rescind the Conditional Use Permit and consider modifying the City Ordinance to better protect
neighboring church facilities.
S' erely,
ar L. J 9sC , air
A&M Church Trustees
Q1 o
Q .
0
o-
lr~
e
178 Tex. 166 SOUTH WESTERN REPORTER, 2d SERIES
the execution of a supersedeas bond, and
reverse the same.
Affirmed in part, and in part reversed.
p i MA MUNIES SHM
W
T
STUBBS et al. v. TEXAS LIQUOR
CONTROL BOARD.
No. 13381.
Court of Civil Appeals of Texas. Dallas.
Oct. 23, 1942.
Rehearing Denied Nov. 20, 1042.
1. Intoxicating liquors «108(10)
District court erred in permitting
judgment of cancellation of wine and
beer retailer's permit to be superseded
pending appeal from district court's judg-
ment affirming the State Liquor Control
Board's judgment.
2. Intoxicating liquors 059(2)
Except as may be othenvise specifical-
ly provided, the distance contemplated by
a statute or regulation prohibiting the
granting of a license for the sale of in-
toxicating liquors, or traffic therein, with-
in a certain distance of a named institu-
tion or place, must be measured in a
straight line, rather than in some other
manner, such as by the usually traveled
route or the street lines.
3. Intoxicating liquors «59(2)
The phrase "from front door to front
door" as used in statute or regulation pro-
hibiting the granting of a license for the
sale of intoxicating liquors, or traffic
therein, within a certain distance of a
named institution or place, refers to any
door of the institution or saloon, since the
institution or saloon may have several
"front doors" and may face on two or
more streets.
See Words and Phrases, Permanent
Edition, for all other definitions of
"T71_ F
from being operated within 300 feet of the
front door of that portion of the church
used as a:Siinday ssc oo Vernon's Ann.
P.C. art. 666-2-
A "cfiurch" is a place where persons
regularly assemble for worship. A "Sun-
day school" is for religious instruction
and religious worship, primarily for and
by children.
See Words and Phrases, Permanent
Edition, for all other definitions of
"Church", "Sunday School" and '"Three
Hundred Feet of a Church".
5. Intoxicating liquors 0106(4)
In determining whether place of busi-
ness of holders of wine and beer retailer's
permit was within "300 feet of church"
as prohibited by city ordinance, so as to
justify cancellation of permit by State
Liquor Control Board, distance could be
measured from the near sides of liquor
dealers' door and door of church, or up to
end of steps leading to church door rather
than up steps to center of door, or could
be measured along a public alley to door
of church or to door of Sunday school
room. Vernon's Ann.P.C. arts. 666-2.
666-25a.
Appeal from District Court, Dallas
County; Wm. M. Cramer, Judge.
The Texas Liquor Control Board can-
celled the wine and beer retailer's per-
mit held by C. G. Stubbs, Tr., and others, oti
ground that their place of business was
within 300 feet of a church. From that
order, C. G. Stubbs, Jr., and others ap-
pealed to the district court. From a judg-
ment affirming the board's action, but per-
mitting the suspension of judgment pend-
ing appeal, C. G. Stubbs, Ir., and other
appeal.
Judgment affirming action of board ai-
firmed, and supersedeas bond quashed.
Carlton, Martin & Street, of Dallas, for
appellants.
Gerald C. ?Mann, Atty. Gen., and OwcEt
D. Cox, W. P. Watts, R. D. Moorhead,
Edgar Pfeil, and George W. Barcus, Asst.
Attys. Gen., for appellee.
om ront Door to Front Door and
r ont Foot'
LOONEY, justice.
4. Intoxicating liquors 0-59(2) The Texas Liquor Control Board call-
Statute prohibiting saloons within!, celed the wine and beer retailer's permit
"300 feet of a church" prohibits a saloon held by the appellants, on the lo-round that
-
their place of bus';
of the South Da
from the order, al)
district court, Pei,
suspended the ord~
after a fall lie,
court dissolved th
order and, in all r
firmed the action
which this appeal
the objection of th
mitted appellants u
` pending the appeal
supersedeas bond.
s
[1] The first
i{
wolves the ruling c
appellants to suspc
ing appeal to this
E. P. Hallurn, Ap-
E~ trol Board, 166 S.'
cided, presenting ti,
held that the trial c
the judgment of c;
ceded pending the
reasons given in t'
I-Iallurn case, we a.
erred in the insta
supersedeas bored
should be and is h
The facts being
ir_ for decision is, \%!t-
of business is local;
Church in question
under the Liquor
the ordinance of th
The Cit} Council
t.; as authorized by A,
Ann.Penal Code, I,_
hibiting the issuanc
mit to ally deale7
handling liquor (r'
Liquor Control Ac:
business of snc'r d
or any church,
j:
for "the rnensurcm.
property lines of
from front door to f
line across intersect!
The facts are tlu
las Christian Churcl
tersection of Gram
Harwood Streets in
the Church has tit( facing on Grand
main church audito:
it, is a wooden bull(
school room, which
door that opens on
. ' through Which, cn:r.
January 4, 2000
Mr. Julius Gribou
Chair, NRB
C/o City of College Station Planning Department
College Station, TX 77842
Re: 301 College Main (Northgate Center) project
Dear Mr. Gribou:
Thank you once again for the NRB's favorable review and approval of the proposed
renovation/restoration project located at 301 College Main. As you saw from the proposed
project renderings and other information provided during the presentation to the NRB last month,
this project will be a very extensive and costly endeavor. In addition to removing a major
example of blight in the Northgate area, the new renovations will offer an attractive, well-
designed, and multi-functional building that compliments the recent and planned revitalization
efforts of the City. In addition to the obvious aesthetic improvements, other measurable public
benefits of the project include increased revenues from property and sales taxes and additional
employment opportunities for local residents during construction and after completion.
The proposed project consists of exterior and interior renovations to the existing structure, an
added interior mezzanine level, and an added exterior rooftop dining/entertainment area. It was
our understanding from the last meeting that the NRB approved this project only for interior
usage for the existing floor level and planned mezzanine area, plus exterior "sidewalk cafe"
usage if desired. Approval did not include the proposed rooftop level area. The NRB
recommendation also included that usage of the rooftop level would be approved upon
completion of the City's parking garage in approximately two years.
Since this meeting, I have informed the proposed tenant for this building of the NRB's
recommendation. In response, he has requested to be allowed to utilize the rooftop level for
"special events" on up to fifteen separate occasions each year until the parking garage is
completed. The dates of the special events are not specific, but would be sporadic throughout the
year. As I mentioned earlier, this will be a costly project. The lease negotiations with this
potential tenant have been on-going for more than six months. Obviously, the proposed
renovation is tied to a negotiated rent that is tied to the tenant's ability to pay based on
anticipated revenue. Restricting the usage of the rooftop level for a two-year period will
obviously have a financial impact on the income-producing ability of the building and may
potentially affect the amount and level of the improvements (both interior and exterior) that can
be completed.
Page 2
Mr. Julius Gribou
January 4, 2000
For these reasons, I contacted city staff and was told that any usage of the building (proposed
renovations to the existing structure plus rooftop) would have to be approved by the City's
Planning and Zoning Commission. The project is scheduled for their review on January 6.
I wanted to take this opportunity to notify the NRB that I anticipate requesting that P&Z second
your favorable review and approval and additionally grant approval of a limited usage of the
roof-top level for up to fifteen "special events" each year until the City's parking garage is
completed. I would appreciate any comments that you might have in regards to this request and
will be available to answer any questions you might have. I can be reached at 822-0035 from
9:30 a.m. to 5:30 p.m. and at 589-2651 after 6:30 p.m.
Your recent support and favorable comments were greatly appreciated and we are looking
forward to completion of this project.
Sincerely,
Robert Forrest
(by Calvin Barkley, Business Manager)
cc: NRB Committee Members
Ms. Sabine McCully
Ms. Jo Carroll
Mr. Randy Brumley
February 7, 2000
Harry L. Jones, Ph.D., P.E.
Department of Civil Engineering
Texas A&M University
College Station, TX 77843-3136
Dear one ,
Thank you for your letter regarding the conditional use permit for the corner of College
Main and Church Avenue. The City Council will consider the appeal of the conditional
use permit at the 7:00 p.m. regular meeting on Thursday, February 24.
As you probably know, the Planning and Zoning Commission at their meeting on January
6, 2000 approved the conditional use permit that is being appealed. The Northgate
Design Review Board has also reviewed the design considerations for this project. They
approved the designs, but with the stipulation that the upper deck of the building could
not be used until the Northgate Parking Garage is completed. No alcohol beverage
permits have been applied for at this time.
If you have any further questions or concerns, please feel free to call me at 764-3510 or
send e-mail to tbrymer@ci.college-station.tx.us.
Sincerely,
G/mV
Thomas E. Brymer
City Manager
Cc: Honorable Mayor and City Council
Ji allaway, Director of Development Services
ane Kee, City Planner
Harvey Cargill, City Attorney
Roxanne Nemcik, Senior Assistant City Attorney
o:/group/admin/correspondence/tom/jones.doc
P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tel. 409 764-3510
E Any person or persons, jointly or severally aggrieved by a decision of the Commission
may present to the City Secretary an appeal, setting forth that such decision is unjust
and/or was made in error, in whole or in part. The appeal must be in writing, must
spedt the grounds of injustice and/or the points on which the Commission erred and
mus e signed by the appellant(s).
w
Such appeal shall be presented to the City Secretary within ten (10) days after the final
decision of the Commission and not thereafter. The City Secretary shall then schedule
a public hearin before the pity Council and shall notify all property owners within two
hundred (200' feet of the subject lproperty under appeal. This notice, in a form
prepared bb th►e City Planner, shalt be served by ifs deposit in the municipality,
Fro adydressed with postage aid, in United States mail and shall be given no later
than perly ten (10) days prior to the dale set for the public hearing. Notification, as prepared
by the City planner, shall also be iven by the City Secretary by publication in a local
newspaper of general circulation A least fifteen (13) days pnor to the date set for the
public hearing.
(As amended by Ordinance No. 2285 dated December 11, 1997)
The City Council shall hold a public hearing to consider the appeal and shall uphold the
decision of the Commission as it was passed, overturn the decision of the Commission
in its entirety or remand the case back to the Commission for reconsideration of certain
and specific points.
M
of
14.3 RECORDING
One (1) copy of an approved Use Permit shall be given to the owner of the property, and one
(1) copy shall be filed in the office of the City Planner.
14.4 DEVELOPMENT
Following the issuance of a Use Permit, the Zoning Official shall insure that if the
development is undertaken it is completed in compliance with said permit; If the Buildin
Permit has not been issued by the Building Official to the development within twelve (M-
months after the date granted, the Use Permit is automatically canceled. The Zoning Official,
upon approval by the City Planner, may extend the Use Permit for up to one (1) additional six-
month period upon written request from the applicant, which must be received before the date
of cancellation.
Zoning Ordinance
h'
Page 14 - 2
Brndgette George - New Development Pale 1
From:
Jennifer Reeves
To:
Bridgette George
Date:
11/16/99 3:16PM
Subject:
New Development
Week of 11/15/99
Northgate Center: (99-730) Developer installs conduit per city spec and design. Developer provides 30'
rigid pipe for riser. Note: We only have single phase service available to this site,120/240. We will need
load information as soon as possible, and a digital site plan.
Spencer's Cove: (99-253) No Comment.
The Business Center at College Station: (99-248) No Comment.
Stata Corporation: (99-450) Developer installs conduit per city spec & design. Developer responsible for
extending 2-4" conduit to existing property line or future road.We will need load information as soon as
possible and a digital site plan.
Precision Tune: (99-452) Developer installs conduit per city spec & design. We will need load information
and digital site plan.
Campus Park Phase 1-A: (99-252) Developer installs conduit per city spec & design. Existing street light
to be relocated at developer's cost.
Campus Park Phase 1-A: (99-505) Developer installs conduit per city spec & design. Existing street light
to be relocated at developer's cost.
Bridgette George - Re: New development Week of 11/15/99 Page 1
From:
Pete Caler
To:
Bridgette George
Date:
11 /19/99 3:41 PM
Subject:
Re: New development Week of 11/15/99
V Northgate Center- They will need to use the Northgate Compactor, so we are OK with this one.
Spencer's Cove- OK
The Business Center at College Station -OK
Stata Corporation--OK
Precision Tune -OK
Campus-Park Phase 1-A -This one is a major problem. Looking at the plan I see no area for the
residents to place their waste containers out for collection.
Pete Caler
Sanitation Division
City of College Station
(409) 764-3690
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AGENDA
Northgate Revitalization Board Review Subcommittee
CITY OF COLLEGE STATION, TEXAS
City Hall Training Room
Wednesday, December 1, 1999
9:00 A.M.
7heNorth-9,ate Center.- Discussion and consideration of parking and traffic issues
for a night club to be located in an existing building at 301 College Main,
previously Twin City Mission in Northgate. [99-730)
E-ZMdif.' Discussion and consideration of a mural painted on a building located
at 301 University Drive in Northgate. (99-453)
This building is wheelchair accessible. Handicapped parking spaces are available. Any request for sign
interpretive services must be made 48 hours before the meeting. To make arrangements call 409-764-
3547 or (TDD) 1-800-735-2989.
-r
TEXAS A&M
UNIVERSITY
kt,o 4 miii.SrG~ ? dj'4o-`
Q W L6
Department of
Civil Engineering
Harry L. Jones, Ph.D., P.E.
Associate Professor
College;t(,,r,o,, `exas 17843 3:36
(409) 8454304 FAX ,409) 845-6554
-Maa HLJI I lbaACS T4MO EDU
COLLEGE STATION
P. O. Box 9960 1101 Texas Avenue College Station, TX 77842
Tel: 409 764 3500
May 5, 2000
A&M United Methodist Church
417 University Dr.
College Station, Texas 77840
Dear Church Representatives,
The City of College Station has received an application for an alcoholic beverage retailers permit
for a property near the A&M United Methodist Church. As you are aware, to sign off on an
alcoholic beverage permit the City must first determine that the premises to be permitted is
greater than 300 feet from a church, public school or public hospital.
In the past when such applications have been received, the City measured to the doors of the
Church's main sanctuary. The assumption has been that the Family Life Center was used
primarily for social functions. During the course of a recent case in the area, it came to the
attention of the City that the usage of this building might be in transition.
Now that an application has been received, the City needs to know what is/are the use(s) of the
Family Life Center, both past and present? Please include any other pertinent information, such
as, are any of the doors kept permanently locked, and not used by the public or are different areas
of the building used for different purposes, etc.? Once this information is received, then a
determination can be made as to which doors should be used for accurate measurement purposes.
Please respond as quickly as possible. If a response is not received within 10 calendar days of
receipt of this letter, regarding the information requested above, the City will process the
alcoholic beverage permit under the continued assumption that the A&M United Methodist
Church's Family Life Center is use primarily for social functions.
If you have any questions, please call 764-3570.
Sincerely,
ssica Jimm n
Staff Planner
cc: Harry Jones, Chair Board of Trustees
Home of Texas A&M University
"Relating people to the Living God through Jesus Christ"
41 7 University Drive
College Station, Texas 77840-1375
Office: 409-846-8731
A & M Fax: 409-846-3387
United Methodist Church E-mail: arnumc@myriad.net
May 19, 2000
Dear Ms. Jimmerson,
Thank you for asking about the use of our Family Life Center. We have a list of uses both past,
present and future that I think will be helpful to you.
In the past, as recently as October of 1999, The Family Life Center was used as a place of
worship every Sunday for our 10:00 am Sunday morning worship. We are changing pastors and
this service may start once again in the fall. We are in the process of developing a Master Site
Plan and in all probability we will use this center as our only worship center on Sunday mornings
while we renovate the existing sanctuary.
Presently, this space is used for Sunday evening youth worship, Wednesday youth worship,
Thursday evening Bible study, and any given weekend it is used as a worship center when our
youth have a lock-in, plus we have groups that use it as a worship center for gatherings during
the year.
Beginning this September, this center will be used for worship on Sunday evening, Wednesday
evening and Thursday evening plus the occasional weekend gatherings by our youth and other
community worship groups during the year. The students from the Baptist Student Center will be
using the center for worship every Monday evening and Wednesday noon for worship services
during the construction of their new facility. This will take about one year.
Because the Family Life Center is a multi-use facility, we keep the doors facing College Main
locked when it is used by our day school as protection for our children. We do open them when
we have worship services in the facility on Sunday mornings and any community wide
gatherings. We also keep the front doors locked during non-use time in our sanctuary. If
someone wants to use the sanctuary for prayer during the day or early evening, they are welcome
to enter through other doors of the connecting building.
If you have any questions, please call the church office or contact Dr. Bob Ragsdale, Chair of
the Trustees, Dr. Harry Jones, Chair of Finance, or Dr. Jesse Parr, chair of the Church Council.
In Christ,
6d-'~ 7~
Carol Patton
Office Manager
M AY 19 2000
"Relating people to the Living God through Jesus Christ"
A&M
United Methodist Church
May 19, 2000
Dear Ms. Jimmerson,
417 University Drive
College Station, Texas 77840-1375
Office: 409-846-8731
Fax: 409-846-3387
E-mail: amumc@myriad.net
MAY 19 2000
This letter is in response to your request for information concerning the use of our Family Life Center. I hope
that you will find this information helpful in the decision making process.
Our Family Life Center is currently being used every Sunday evening and every Wednesday evening for Praise
& Worship services for teenagers in seventh through twelfth grade. Both meeting times are from 6:00p.m.
until 9:00p.m. This facility is the main meeting place for all of our youth activities including, but not limited
to: Lock-ins, banquets, Christian concerts, Bible studies, parent's night out, fund raisers, Methodist Youth
Fellowship and worship services. In addition, we host youth groups from other areas during the summer who
come to do mission work in this area. This summer, in particular, we will be hosting "Big House" during the
week of June 15 - 18. A group of approximately 100 Junior High students will be staying in our facilities
while doing mission work at several area churches and homes. They will be using the Family Life Center,
each evening, for worship services. During the summer months it is not unusual for this facility to be occupied
by youth on a daily basis. There are NO doors to this building that remain permanently locked. All doors are
used for entry and exit.
This building is also used to house the children enrolled in our Day School program. The current enrollment is
100 children, six weeks to nine years of age. This is a year-round program with additional enrollment during
the summer months. Other children's ministries that are meeting in the Family Life Center include, but are not
limited to: Vacation Bible School, J.C. Club (a program for children in fifth and sixth grades), Music Makers
(a summer musical for children ages second grade through sixth grade), Boy Scouts and Sunday school classes.
In addition to these regular worship services, our youth host quarterly District-Wide Worship Services. Youth
from churches throughout the Bryan District (84 churches) send their teens to this facility for a service of
worship.
I truly appreciate your taking the time to consider how frequently this building is used as a place of worship.
Our prayers are with you as you make this important decision.
Sincerely,
Laurinda Kwiatkowski
Director of Youth Ministries
June 23- 2000
A&M United Methodist Church
417 University Dr.
College Station_ Texas 77940
Dear Church Representatives
Thank you for returning the information previously requested in regards to the usage of your
Family Life Center. As you are aware we are trying to determine which doors of your facility
must be measured to when processing an alcoholic beverage permit. After reviewing our
ordinances and the information you provided, we would like to request additional information
from you.
Our Code of Ordinances, Section 13.D.1. defines a church as, "a building used principally for
religious worship and in which persons assemble and congregate to worship at least once each
week and which is owned by such congregation or persons or leased by such congregation for a
period of more than one year.
We will need to determine the principal use of the Family Life Center. Over the course of the
previous 12 months, what has the building been used for and what is the frequency of each use?
We will also need to determine which of those activities constitute worship. Our Ordinances do
not define worship; therefore we use the common understanding of the term. Your letters state
that several worship services take place in the Family Life Center. Please give a detailed
explanation of the activities that take place during these gatherings. Please be aware that case law
has determined that the doors to rooms used for Sunday school type activities are only to be
considered if the rooms are physically attached to the sanctuary. That leads us to believe that
Sunday school type activities alone do not constitute worship.
We would appreciate a response from an official of the church.
If you have any questions, please call 764-3570.
Sincerely,
Jessica Jimmerson
Staff Planner
J
file a false report, such person shall be deemed guilty of a misdemeanor and upon
conviction be punished by a fine pursuant to the General Penalty set out in Chapter 1,
Section 5, of this Code of Ordinances, and shall pay to the tax collector the tax due,
together with a penalty of five percent (5%) of the tax due for each thirty (30) days that
the same is not timely filed or paid.
(Ordinance No. 2030 of September 9, 1993)
(2) Tax Assessments
If the operators of any hotel shall fail to file a report for any period as required by this
section, or shall fail to pay the tax for any period as required by this section, then the tax
assessor-collector is hereby authorized to make an assessment of the tax for such
period. The tax assessed, together with any penalties provided by this section, shall be
a prior and superior lien on all property of the hotel.
(Ordinance No. 1009 of March 11, 1976)
G. EFFECTIVE DATE
This section shall be and become effective on and after October 1, 1973.
(Ordinance No. 892 of September 13, 1973)
SECTION 12: OFFICIAL NEWSPAPER
The Bryan-College Station Daily Eagle, a newspaper of general circulation throughout the City of College
Station, Texas, published in Bryan, Texas, is hereby designated as the official newspaper of the City of
College Station, Texas.
(Ordinance No. 478 of August 23, 1966)
NOTE: The current name of the publication is the Bryan-College Station Eagle.
SECTION 13: ALCOHOLIC BEVERAGES
A. CITY COUNCIL ADOPTS HOURS PRESCRIBED IN TEXAS ALCOHOLIC BEVERAGE CODE
Pursuant to the authority granted to governing bodies of incorporated cities in Chapter 105 of the
Texas Alcoholic Beverage Code, the City Council of the City of College Station, Texas, does
hereby adopt the hours prescribed in said code for the sale, consumption, or possession of
alcoholic beverages for the purpose of consumption in any place within the jurisdictional limits of
the City of College Station, Texas.
B. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person in the City of College Station, Texas, to consume any
alcoholic beverage in any public place or for any person to possess any alcoholic beverage in
any public place for the purpose of consuming the same in such public place at any time on
Sunday between the hours of 1:15 a.m. and 12:00 noon, and on all other days of the week
between the hours of 1:15 a.m. and 7:00 a.m.
C. SELLING OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person in the City of College Station, Texas, to sell any alcoholic
beverage in any public place for the purpose of consuming the same in such public place at any
time on Sunday between the hours of 1:15 a.m. and 12:00 noon, and on all other days of the
week between 1:15 a.m. and 7:00 a.m.
(Ordinance No. 1673 of August 28, 1986)
Rev. 2199
1-6
D. SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES. SCHOOLS AND HOSPITALS
(1) Definitions
The following definitions shall apply in the interpretation and the enforcement of this
section:
Church: A building used principally for religious worship and in which persons assemble
and congregate to worship at least once each week and which is owned by such
congregation or persons or leased by such congregation for a period of more than one
year.
Public Hospital: A hospital to which the public at large is admitted for medical treatment.
Public School: A school which has one or more of the grades kindergarten through
twelfth grade, and which is owned and conducted by the state or a political subdivision or
agency thereof.
(2) Sales of Alcoholic Beverages Prohibited
No person shall sell or engage in the business of selling an alcoholic beverage where the
place of business of such person is within three hundred (300) feet of any church, public
school or public hospital, the measurements to be along the property lines of the street
fronts and from front door to front door, and then direct line across street intersections
where they occur.
(3) Exceptions
This ordinance shall not apply to a place of business which is legally authorized to sell
alcoholic beverages prior to the effective date of this ordinance; however, should such a
place of business discontinue the sale of alcoholic beverages, then the provisions of this
ordinance shall apply thereafter.
(Ordinance No. 1430 of June 23, 1983)
(4) City Secretary to Certify Application
Any person intending to sell alcoholic beverages within the city limits of the City of
College Station, shall make application to the City Secretary, who shall designate on the
Texas Alcoholic Beverage Commission Application whether or not the same is lawful by
the ordinances of the City of College Station.
If the City Secretary denies the application as not complying with the City ordinances,
applicant may appeal directly to the City Council. If the City Secretary fails to review the
application within ten (10) working days, applicant shall have the right to appeal to the
City Council for review of the application. In order to be placed on the agenda, applicant
must file a written request for Council review within ten (10) days of the decision of the
City Secretary. The City Council shall hear and review the application at the next
available Council meeting. There is no time limit for the filing of a written request for
Council review of an application when the City Secretary has failed to act.
(Ordinance No. 1619 of October 24, 1986)
E. Penalty
A violation of this section shall constitute a misdemeanor and upon conviction thereof shall be
punishable by a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code
of Ordinances.
(Ordinance No. 2030 of September 9, 1993)
Rev. 4198
1-7
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l;.X11161'i: 2 - WORSHIP SERVICES I lt~f .O AT A&M UNITED MET] IODIST CHURCH
CHURCFI SANCTUARY
Sunday Worship,
9;00 a.m. and 11:00 a.m.
Sunday School
Kindergarten - Grade 3
Children's Voice Choirs (Pre-K - 6`h Gradc)
Children's Chimes Choir (3d-0 Grade)
Chancel Choir (College and Adult)
University Choir (Students Only)
Youth Sing (Grades 7-12)
Children's Choir #1 (4 yrs.-Grade 2) 42 (Grades 3-6)
Children's Hells (CamdeLs 3-6)
Coventry Hells (Bcs. Adult/latcrmcdiate)
Canterbury Bells (Advanced Adult)
9:00 a.m.
5:45-6:30 p.m.
5:00-5:45 p.in.
7:00 p.m. Wed.
5:30 p.m. Thurs.
6:15 p.nL Sun.
5:00 p.m. Sun.
5:45 p.m. Sun.
6:00 p.m. Tues.
7:00 p.m. Tues.
417 University Drive
Room 221
Parlor/Choir Room
Choir Room
Choir Room
Choir Room
Choir Room
Choir (Zoom
Choir Room
Choir Room
Choir Roorn
WE.Vt f ,,Y FOUNDATION"
* It is noted in the Church's literature that the Wesley Founda[ion does have an established Sanctuary,
Fellowship Hall, Kitehcn, Sand Volleyball Court, T.V. Lounge, Pool Table and Study Roont.
Sunda Worship
7:00 p.m.
Sunday School
Cornerstone (Working Grad Students/Young Adults)
Open Arms Class (30-sontcthing singles/COUPIcs)
Cane As You Arc. (Career couples w/children)
Opcn Door Class (Couples/Singles w/teenagers)
Lost and Found Class (Contemporary Events)
Quust Class (inter-generational)
Cioldcn Rule Class (Adult social/volunteer)
Dogs Class (Maturcllectures)
Bible S[udy-GL~ ups
Women's Bible Study
Branrlcn Chapel
Room 207
9:45 a.m.
Room 113
9:15 a.m.
Room 211
9:15 a.m.
Roon12O4
9:45 a.m.
Room 209
9:15 a.m.
Room 210
9:45 a.m.
Fellowship I1all
9:45 a.m.
Room 117
9:45 a.m.
Library. 1:30-2:30 p.m. every Thursday
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ar_Unr
Disciple Bible Study
Christian 13clicvcr Study
Wcckly F.yCnts
Sunday
Mon&ay-Friday
Wednesday
Thursday
Friday
Other
Crossbound Choir
Dinner
Worship
Lunch Bible Study
Dinner
Worship
Fish Care Group
Transrcr Csrc Group
Recreation
D.M.A. (Don't Mention Age)
Varics, Begins in September
Varies, Begins in September/30 Weeks
4:45 p.m.
6:00 p.m.
7:00 p.m
12:30 p.nt
6:00 p.m.
7:00 p. in.
7:00 p.m.
7:00 p.m.
Nighttime
Fellowship Hall, I" Wednesday each
Month. Lunch at 11:30 a.nt.
FAMILYLIFE CENTER
Parents & Kids 1'laygoup - Fvery Thursday morning parents and kids have playtime. "A great way to
meet other parents in the church while the children play together." 10:00-
11:30 a.m.
J.C. Club - (Spring) Feb. 6, 17-18; Mar. 5, 19; Apr. 2, 16, 30; May 7, 19 3:00 p.m.
A parent-sponsored program for 5-6'h graders that pronimes service: to
others. This year they will make playground improvcmcr►ts to the FLC,
sponsor rood drives, go on mission trips, etc.
Children
Nursery (Sunday)
Suite, 106 a/b
8:45-12:15 p.m.
2 yrs.
Room 104
9:45-10:45 a. m.
3-4yrs.
Room 102
9:45-10:45 a..n-.
5-6 yrs.
Room 102
9:45-10:45 a.m.
Grade 1
Room 201
9:45-10:45 am-i.
Grade 2
Room 204
9:45-10:45 a.m.
Grade 3-4
Roo in 206
9:45-10.45 a.m.
tirade 5
Room 210
9:45-10:45 a.m.
Grade 6
Room 211
9:45-10:45 a.m.
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Juric 18, 2000
City of College Station
P.O. Box 9960
1101 Texas Avenue
College Station, Texas 77842
To: Sabine Kuenzel, Senior Planner
Jessica Jimmerson, Staff Planner
FAXED TO: 979-764-3496
Re: Alcohol Beverage Permit Application for 301 College Main (a.ka. ?he Grotto)
I would like to thank you both for our meeting of June 13, wherein the
City's current position on our application for an alcohol beverage permit at 301
College Main (a.k.a. The (grotto) was explained.
As I understand from Meredith Ladd (Assistant City Attorney), now
complimented by the Plruzning and Zoning; (P&Z) department's assessment, them; is
no question of legality involved to prohibit the endorsement of our license. Rather,
what you told me is that P&Z is investigating the `factual' issues of proximity of our
location to that of the A&M United Methodist Church's `Family Life Center' (FIX).
While in town over the past week, I had the opportunity to observe the FLC
(luring the clay and evening. At no time during the week was the FLC used to
observe religious or ceremonial functions. Furtherznore, there are no signs of the
Church having relocated their sanctuary in either the gymnasium, kitchen or
classrooms, which make-up the FLC.
Any such change had to happen no later than April 1999, according to the
City's own ordinance (oc•cl. 1430. Sec. D, sub. t), ill order for the Church to have an
objection to our application. As this ordinance defines a church as:
A building used principally Cor religious worship and in w)►ich pci sons
assemble avid c ongcgate to worship at least once each week and which
is owned by such congregation or peraons or leased by such congregation
for a period of more than one year.
The wording of this ordinance is both direct and clear. The FLC must meet all of the
standards set forth in purpose, in application of duty, and for a set time period. The
FLC has not and does not meet the wording of this ordinance point for point. To
better outline this, lc:t us break down the qualifications:
1.) Is the FLC used principally for religious worship?
No. It is a gymtklsium, kitcheri and classroom facility for functions not a.hzady ha,-Id
at the sanctuary, the Wesley Foundation or the church of:ic(-,s. Perhaps Lhere is a
grM deal of what can be argued as worship occurring; at the 11,C, but no more or less
than can be hod in rtny other location, public or private.
7.n 'a RRn7 Pqq ?)A rki ywi 1.1341) vnnva-T-Trir iu 7,;.cn anti nn_aT_hinr
2.) Igo people assemble and congregate at least once each week at the FLC?
No. Attached, is an extensive list of worship services held by the Church, citing all
the locations, tunes, and contexts of said services, as any citizen might obtain in the
form of a "Newcomer's Packet" located in the lobby of the sanctuary at 417 University
Drive. Again, perhaps there are activities held at the FLC on a periodic basis by
members of the Church, but none of them indicate use of the FLC as having been
converted to a sanctuary.
3.) Is the FLC owned by the congregation or persons or has it been leased by such
congregation for a period of more than one year?
Ycs. 'lhc Church, to the best of my knowledge, has owned the FLC for at least one
year. However, this point is not exclusive and does not singly demonstrate that
ownership substantiates other claims made by the Church.
Although we have invited representatives of the City and the Church on numerous
occasions to tour the FLC and our property at 301 College Main, such requests for
first-hand verification of these claims have been refused.
It has come to our attention that the Baptist Student Center has contracted
for their mernbers to occupy the FLC until their new facility is constructed. Their
current site on College Main will be demolished next month, and completion of the
new facility is slated for next year. In a somewhat unrelated meeting with Mayor
Mellhancy on June 15, Bob Mayfield verified this particular usage of the FLC. I
asked him if he was currently using the FLC, to which he replied yes. I suggest you
contact him directly if need be. There were some eleven attendees who can verify
this statement, including myself.
Also, on January 23, 1997, The Eagle published a front-page story regarding
the granting of'fexadelphia's alcohol beverage permit.2 Brazos County Judge Al
Jones was quoted as follows:
I'm not making a moral judgment, I m concerned with whether it is legally
sound. Failing to find any negative impact from the city of College Station,
1 will sign off on the license.
It appears since Judge Jones will focus on the legality of our application, and as the
City has already concluded there is no legal point at issue, there is little more to
debate. Nevertheless, I find it important to cite wherein the same article Roxanne
Nemcik (acting city attorney at the time) verified the FLC is riot "primarily" used as
a place of worship, so it's front door can legally be within 300 feet of (Texadelphia's)
front door. What has changed in that time? Why is it the Church has any claim on
our restaurant, which is located almost twice as far away?
As it stands, city ordinance (ord. 1619, Sm n, sub. 4) also requires an answer be
given from the City Secretary in ten (10) days fronn the date of our application. To
date, our application has been in the City's hands for some sixty (60) days. At first,
two non-binding letters of reply appeared from the Church, neither of which
contained a legitimate claim for denial of our application.
Now, the City has sent a follow-up letter requesting clarification of the
Church's use of the FLC. The Church has out-and-out refused to respond or meet
with the City. Instead, they plan to send one of their architects to explain their
vision of what they plan to develop in Northgate. Again, this will prove non-binding
Pn
and irresolute... not to mention serving as yet another diversionary tactic. What are
we to do? Lock our respective architects in a room to battle each other with slide
nines?
The point of how this matter has evolved into an adversarial matter was
neither necessary nor desired. We would request the City sign our application
immediately, or we shall seek an injunction from Judge Jones to require the City to
act. As previously stated, we do not desire to initiate legal action over such a clear-
cut issue, but we are posed with no other choice.
Where do we go from here? We have lost a. great deal of time and money, and
are facing potential damage to our restaurant's reputation over this matter. Thcre
will be some one million dollars ($1,000,000.00) invested at 301 College Main. We
can neither delay the future of Northgate, nor defer this application any further.
If any parry believes they have a legitimate and legal claim, they can post
bond and present their issues at the county courthouse. We do not feel we need to
pursue any additional critiquing of our application. Therefore, we expect the Cily to
take action now to endorse our application and allow us to proceed with the many
stages of development necessary to successfully build, open and operate our
restaurant.
I look fonvard to your calling me at the number below upon receipt and
review of this letter, so that a date and time can be arranged for the City Secretary
to sign our application. Thank you once again for your consideration in this matter.
Truly yours,
ChrisLopher avid Foy
11.0. Box 701621
Dallas, Texas 75370
(972) 492-3420
Aicuchrnenfs
fin A Rpn? Poo ?IR 'nki vw4 aunn vnnuol im its n7-cn tioii nn_at_ktnr
qq-15D
FACSIMILE TRANSMITTAL SHEET
~~..~w~ ~,~~•r--_~~:._.z-:ter--~,~-~~----~
FROM
Sabine Kimmel, Senior Planner Cluistopher Foy
COMPANY. DATE: _ ~
Planning & "Zoning 06/19/00
FAX GWRER: TOTAL NO. OF PAGES INCLUDING COYER: Y
979-764-3496 8 pages
PHONE NUMBER: SLNDL••R'S REPLRLNC L NUMBLR:
979-764-3510
RF.: YOUR REFERENCE NUMB FR:
301 College Main, (The Grotto)
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
NOTFS/GOMMFNTS:
If you do not receive all pages of this fix, please call (972) 663-2046. Thank you.
(CLICK HERE AND TYPE RETURN ADDRESS]
in 'A Apn;, CQQ 71R nhi vp4 '=)r) vnnua-I'1 T I I HJ T7.f'n Afnfl nn-at-mr,
February 15, 2000
City Council of College Station
Re: Appeal of the conditional use permit for a nightclub at College Main and Church
Avenue
Dear Council Members:
Thank you for hearing my appeal of the above conditional use permit. I have filed it
as a member of the congregation of A&M United Methodist Church and it's my belief
that P&Z erred in issuing the permit because they failed to recognize it is "...substantially
injurious to neighboring property, " namely A&M United Methodist Church.
The Church's Education Building is located on the southeast corner of College Main and
Church Avenue, diagggally across the irttersection from the site, which may now function
as a nightclub. This building houses a school which is in operation five days a week, the
youth activities of the church, the local Young Life offices, local Family Outreach
offices, and the congregation's Family Life Center, the meeting room where most all-
church activities are held. As a major hub for the local, university, and international
student communities, this build hosts a variety of meetings and events that take place
primarily during evening hours. The noise from a live band on the upper deck of the
permitted building will be a major disruption to those activities, as you can well imagine.
This is especially true in regards to weddings, wedding receptions, rehearsal dinners,
weekly youth Bible studies, weekly Cub Scout and Boy Scout meetings, and the many
other opportunities that the congregation seeks to house as a community anchor in the
Northgate.
A continuing concern for us is what an additional food and entertainment establishment
contributes to the already unauthorized evening use of our grounds and parking areas by
patrons of other Northgate bars and restaurants. While we seek to cooperate with our
business neighbors in the community, it is not the priority of the congregation to
subsidize these establishments with our parking areas, especially when the areas are
already receiving heavy weekend use by ministries of the congregation (sixty four
weddings and rehearsals in the last twelve months alone, along with some 150+ after-
dark meetings and community events on Thursday evenings in the last year). Even before
the establishment of the proposed nightclub, A&M United Methodist Church is already in
the position of trying to block access because of problems with litter, vandalism and
disrespectful behavior by some of these patrons. In a recent Thursday through Saturday
time period alone, trash collected off the church grounds and parking lots averaged 35
pounds per evening. Much of this trash includes glass and metal can containers, contrary
to clearly established legal prohibitions by the city. Removal of trespassing vehicles is a
weekly event, despite present Northgate parking areas and despite clearly marked signs
throughout A&M United Methodist Church parking lots warning of such consequences.
Given that this is the current state of affairs with the nearest entertainment and eating
establishment being several blocks away, both the predicted impact to our property and
our concern for that impact grows exponentially with the establishment of another such
business across the street from our property line.
A&M United Methodist Church will soon be undertaking renovations that have been
estimated to cost over 6 million dollars - approximately 15% of the $40 million total
slated for the Northgate. Included in this plan are additional surface parking lots on our
property north of Church Ave. These are intended to provide much needed close in
parking for our renovated/reconstructed education building. During evening activities,
these lots are needed for our membership, but history shows us that they will become the
destination of nightclub patrons across the street. We do not believe the Northgate
Parking Garage will significantly change this situation. In terms of the city code,
therefore, we see this situation as "-substantially injurious to neighboring property."
A&M United Methodist Church has made a commitment to remain in Northgate. We
understand the need for new businesses to revitalize this area. There needs to be,
however, some sensible separation of activities when history and experience show that
the potential for substantial conflict exists. Putting a nightclub across the street from a
church is not in the best interest of either enterprise. Please imagine the,chuwh you attend
being put in this situation and act accordingly.
ly
w
I rry! Jones
1900 Comal Circle
College Station
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