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Alcohol Distance Variance Ordinance Passes: Tax Rate Public Hearings Set
Thursday, August 13, 2009 8:51 PM


(Source: Cleburne Times-Review)trackingBy Matt Smith, Cleburne Times-Review, Texas

Aug. 13--Cleburne city council members, by a 3-2 vote, amended the city's alcoholic beverage sale's ordinance on Tuesday.

Council members Dale Sturgeon and Gayle White voted against the proposal.

The adopted amendment allows for a variance procedure concerning the distance regulation on alcohol sales.

The original ordinance prohibits alcohol sales within 300 feet of a school, church or hospital.

Cleburne residents voted to allow the sale of beer and wine and the sale of mixed drinks in restaurants in May.

"This proposal was placed on the agenda at the request of a couple of property owners who were denied permits on the basis of the 300 foot restriction," said City Secretary Shelly Doty.

The amendment allows business owners to request a variance to the distance requirement from the city council.

Council members may grant the variance if they find the restriction is not in the best interest of the public, constitutes waste or inefficient use of land, creates an undue hardship on the applicant, does not serve its intended purpose or is not effective or necessary.

Notice of the variance request will be published and mailed to adjacent property owners, and a public hearing will be held.

"I don't want people to think it's something we're necessarily in favor of, but we should give people the opportunity to come in and make their case," Mayor Ted Reynolds said. "This does not give them permission to sell alcohol; it just gives them the right to come in an request a variance.

"Even if we approve it, it's more than a one-step process. They would still need to go before the county judge and the Texas Alcohol and Beverage Commission."

Most Texas cities that allow alcohol sales have a similar variance procedure, said City Attorney Wade Adkins.

Cleburne resident Sharon Corder expressed opposition to the proposal before the council's vote.

"Just because [other cities] are doing it doesn't mean we have to," Corder said. "There's no need for such a variance. It would only benefit a few people over the larger public safety. There are many uses of land besides selling beer. People argue that they are only trying to make a living. Well, what were you doing to make a living before liquor became a law?"

Corder said the fact that every major restaurant, grocery store and gas station in town already sells alcohol should be enough.

"We do not need to make it easier," Corder said. "There are few enough impediments to this business as it is. We don't also need a beer store a stone's throw away from every school and church."

Council members approved the proposal by a roll-call vote.




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