ORD 1495 06/24/2025 Grampie's Variance'Gty of Choice'
ORDINANCE NO: 1495
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
VARIANCE TO GRAMPIE'S PIZZERIA LOCATED AT 121 CIBOLO
COMMONS, SUITE 101, TO ALLOW FOR THE SALE OF BEER AND
WINE WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL OR
PRIVATE SCHOOL; IMPOSING CONDITIONS ON SUCH VARIANCE;
DECLARING COMPLIANCE WITH APPLICABLE STATE AND LOCAL
LAWS; PROVIDING FOR SAVINGS, REPEAL, SEVERABILITY,
PUBLICATION AND CODIFICATION; DECLARING CONDUCT OF
MEETING IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS
ACT; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE;
AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule
municipality with the authority to enact laws to protect the public, health, and safety of residents
and visitors to the City; and
WHEREAS, Texas Alcoholic Beverage Code authorizes the City to enact regulations restricting
the sale of alcohol within the City; and
WHEREAS, the City has adopted regulations regarding the sale of alcohol within the City,
codified in Chapter 6 of the City's Code of Ordinances; and
WHEREAS, Section 6-11 of the City's Code of Ordinances (hereinafter, "Section 6-11") prohibits
the sale of alcoholic beverages within 300 feet of a church, public school or private school pursuant
to authority granted in Section 109.33 of the Texas Alcoholic Beverages Code; and
WHEREAS, Aaron Grafft (hereinafter, the "Owner") is the owner of Grampie's Pizzeria
(hereinafter, the "Business") which is located at 121 Cibolo Commons, Suite 101, Cibolo, Texas
78108; and
WHEREAS, the Business is located within 300 feet of Byron P. Steele High School as measured
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 as required by the Texas Alcoholic Beverage
Code § 109.33(b)(1); and
WHEREAS, the City Council finds that Owner has submitted a request for a variance from the
City's alcoholic beverages prohibition in compliance with the requirements of Section 6-11;
and
WHEREAS, the City Council finds that a public hearing was held for the purpose of
providing all interested persons the opportunity to be heard concerning the proposed variance
to allow for the sale of beer and wine within 300 feet of a church, public school, or private
school, in accordance with state and local law; and
WHEREAS, the City Council finds that legal notice of the public hearing for the
consideration of the requested variance was posted on the City's official website and
published in the Seguin Gazette, a newspaper of general circulation in the City, in accordance
with state and local law; and
WHEREAS, at least three-quarters of the total membership of City Council finds that 1) the
proposed sale of alcoholic beverages would constitute no more than 30 percent of the
Business establishment's annual gross revenues, 2) prior to the date of the public hearing an
authorized representative of the affected public school provided the city manager with
written confirmation that the affected school has no objection to the granting of the variance,
3) the granting of the variance will not have a negative effect on the health, safety, or welfare
of the public, 4) on or before March 150' of the year following the granting of a variance, and
every March 15s' thereafter, the Owner of the Business establishment for which the variance
was granted shall submit to the city secretary all necessary documentation to verify that during
the preceding calendar year no more than 30 percent of the Business establishment's annual
gross revenue was generated by the sale of alcoholic beverages, and 5) violation of the
conditions of the variance are punishable by criminal fines and any and all remedies available
at law or equity including but not limited to revocation of the variance; and
WHEREAS, the City Council, having duly considered the request for variance, desires to
approve the variance to allow for beer and wine sales within 300 feet of a public school.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CIBOLO, TEXAS:
SECTION 1. Incorporation of Recitals. The City Council finds the recitals in the preamble
of this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 2. Description of Property. The Property to which this Ordinance applies is
identified as Grampie's Pizzeria located at 121 Cibolo Commons, Suite 101, Cibolo, Texas.
SECTION 3. Variance Granted. A variance to allow for the sale of beer and wine within
300 feet of Byron P. Steele High School is hereby granted to Owner; such variance is subject
to all applicable federal, state or local laws or regulations, including the alcohol beverages
regulations set forth in the Texas Alcoholic Beverages Code and the City's Code of
Ordinances, and on the following conditions:
a. On or before March 15'x' of the year following the granting of the variance, and every
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March 15'x' thereafter, Owner shall submit to the city secretary all necessary
documentation to verify that during the preceding calendar year no more than 30
percent of the Business's annual gross revenue was generated by the sale of alcohol
beverages.
b. The Business shall not sell alcohol during the School Hours of Steele High School,
from 9:00 a.m. to 4:25 p.m. CST during the 2024-2025 School Year, and as determined
annually by the Schertz Cibolo Universal City Independent School District
("SCUCISD") and Steele High School. This condition shall apply for the duration of
the variance, on the regular school days indicated on the SCUCISD Academic
Calendar ("Calendar") for each School Year, determined annually by SCUCISD;
regular school days exclude all Student/Staff Holidays designated on the Calendar and
exclude Summer break, which is the time period after the Last Day of School of the
regular school year and before the First Day of School of the (next) regular school
year, as designated on the Calendar.
SECTION 4. Declaration of Compliance. The City Council finds that all required public
notices for consideration of the variance have been properly issued and all required public
hearings have been properly conducted.
SECTION 5. Savings. All rights and remedies of the City are expressly saved as to any and
all violations of the provisions of any ordinances which have accrued at the time of the
effective date of this Ordinance; and such accrued violations and litigation, both civil and
criminal, whether pending in court or not, under such ordinances, shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6. Repeal. All resolutions, ordinances, or parts thereof conflicting or inconsistent
with the provisions of this Ordinance are hereby repealed to the extent of such conflict. In the
event of a conflict or inconsistency between this Ordinance and any other resolution, code or
ordinance of the City, or parts thereof, the terms and provisions of this Ordinance shall
govern.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or illegal by final judgment of a court
of competent authority, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed and ordained all the
remaining portions of this Ordinance without the inclusion of such portion or portions found
to be unconstitutional or invalid.
SECTION 8. Publication and Codification. The City shall publish this Ordinance in the
newspaper designated as the official newspaper of the City twice as required by Section
3.13(3) of the City Charter. This Ordinance will be codified in the Cibolo Code in the next
appropriate update.
SECTION 9. Open Meeting Compliance. The City Council finds that the meeting at which
this Ordinance passed was conducted in compliance with the Texas Open Meetings Act.
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SECTION 10. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance. Violation of any condition of this Ordinance may result in revocation of the
variance. Any person or responsible party that violates any provision of this chapter may be
charged with a misdemeanor and shall, upon conviction, be punished by a fine not to exceed
$500.00. Each occurrence of any violation of this Ordinance shall constitute a separate
offense. Each day on which any violation of this Ordinance occurs shall constitute a separate
offense.
SECTION 11. Effective Date. This Ordinance will become effective within the corporate
city limits of the City of Cibolo upon the required newspaper publication.
PASSED, APPROVED, and ADOPTED on this the 24th day of June 2025.
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ATTEST:
�IF��
Peggy Cimics, TRMC
City Secretary
AS
Paul Wendland, City Attorney
Denton Navarro Rodriquez Bernal Santee & Zech
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