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HomeMy WebLinkAboutCP 193 CI FO WO s TEXAS COUNCIL PROPOSAL Dam F1'le Number Subject RESOLUTION OPPOSING APPLICATION BY ULTIMATE PAINTBALL,INC. FOR 09/05/95 CP-193 A WINE AND BEER RETAILER'S PERMIT AT 401 WEST LANCASTER. AND AUTHORIZING CONTESTING THE APPLICATION Proposed by Councilmember City Managers Review Becky Haskin Page� 2 PROPOSAL: It is proposed that the Fort Worth City Council adopt the attached Resolution: 1) Opposing Application No. 357, filed by Ultimate Paintball, Inc., for a Wine and Beer Retailer's Permit at 401 West Lancaster, Fort Worth, Texas; and 2) Authorizing City Councilmember Becky Haskin to represent the City in contesting the subject application. BACKGROUND: t An application (Application No. 357) has been filed by Ultimate Paintball, Inc., seeking a Wine and Beer Retailer's Permit at 401 West Lancaster. The subject location is in City Council District 9 and is zoned "J" Light Industrial, which allows retail sales of wine and beer. Additionally, the location is greater than 300 feet from a church, public school or public hospital. Despite the fact that 401 West Lancaster appears to be properly zoned and meets the distance regulations for the requested permit, the City's Fire, Police, and Development Departments, as well as the Code Enforcement Division are familiar with the location and have expressed health and safety concerns about the structure and the operations at that location. The Fire Department reports that it has issued citations for violations of the Fire Code at the location, including locked exits and missing stairs at the back exit. The Police Department reports a history of radio calls and offenses at the location. These offenses include, but are not limited to, unlawful carrying of weapons, several burglaries and thefts, assaults, and other disturbances. On April 3, 1995, there was a party at the location, at which time police found illegal drugs and made arrests. The City's Code Enforcement Division reports that while Ultimate Paintball, Inc., is making improvements to the building at 401 West Lancaster, there are portions of the structure which remain substandard and dangerous. The Development Department reports that currently there is no Certificate of Occupancy for 401 West Lancaster, and that the temporary certificate which was issued while repairs are being made to the building expired several months ago. Accordingly, a citation was issued on August 30, 1995, for lack of a Certificate of Occupancy. Based on the above information, it is imperative that the City Council oppose the subject application for 401 West Lancaster, and that the City Council authorize City Councilmember Becky Haskin to represent the City in contesting the application. O LEGALITY O FISCAL NOTE O CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL f 1 CIT O WO , TEXAS DO 0• v COUNCIL PROPOSAL Date File Number SUb)eCt RESOLUTION OPPOSING APPLICATION BY ULTIMATE PAINTBALL,INC. FOR 09/05/95 CP-193 A WINE AND BEER RETAILER'S PERMIT AT 401 WEST LANCASTER; AND AUTHORIZIN Proposed by Councilmember City Manager s ev1eW 2 Becky Haskin �,� / Page 2 of LEGALITY• The-City Attorney has reviewed this proposal and there are no known legal impediments t the proposed action. FISCAL NOTE: The Director of Fiscal Services finds that this proposal will not require the expenditure of City funds. ,"W CITY MANAGER'S COMMENTS: The City Manager has reviewed this proposal and has no objections to it. A summary of the reports from the various City departments concerning 401 West Lancaster is included in the City Council packet for its meeting of September 5, 1995. Mayor Counci member, District Councilmember, District 2 Councilmember, District 7 Councilmember, District 3 Councilmember, District 8 Councilmember, District 4 Councilmember, District 9 Councilmember, District 5 ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL A Resolution aC)9 � r OPPOSING THE APPLICATION BY ULTIMATE PAINTBALL, INC. , FOR A WINE AND BEER RETAILER'S PERMIT AT 401 WEST LANCASTER; AND AUTHORIZING CITY COUNCILMEMBER BECKY HASKIN TO REPRESENT THE CITY IN CONTESTING THE APPLICATION. WHEREAS, Ultimate Paintball , Inc. , has filed Application No. 357, for a Wine and Beer Permit at 401 West Lancaster, Fort Worth, Texas; and WHEREAS, the City's Fire, Police and Development Departments, and the City's Code Enforcement Division are familiar with the location at 401 West Lancaster, and have expressed health and safety concerns about the structure and the operations at that location; and WHEREAS, the City Council , in response to the information and concerns reported by the City departments, finds that it is imperative that the City Council oppose the subject application for 401 West Lancaster; and WHEREAS, the City Council desires to authorize City Councilmember Becky Haskin to represent the City in contesting the subject application; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That based upon the health and safety concerns and other information reported by the City's Fire, Police and Development Departments, and by the City's Code Enforcement Division, the Fort Worth City Council hereby opposes Application No. 357 , filed by Ultimate Paintball , Inc. , for a Wine and Beer Retailer's Permit at 401 West Lancaster, Fort Worth, Texas; and instructs the City staff to notify Tarrant County Judge Tom Vandergriff and the Texas Alcoholic Beverage Commission of the City Council 's opposition. 2. That City Councilmember Becky Haskin is hereby authorized to represent the City in contesting the subject application. 3. That the findings of the City Council contained in Council Proposal-193, a copy of which is attached hereto, are hereby incorporated herein and made a part of this Resolution. CITY OF FORT WORTH