Wait, wait: city says restaurant on Luby’s site doesn’t need variance to serve alcohol

Late in the day, the City of Dallas informed the owners / operators of a proposed new restaurant on the Luby’s site that they would not need an exemption to serve alcohol.

Avocado reported yesterday that Jon alexis and his company, owners of Seafood from TJ and Malibu Poké, had asked the City for an exemption to serve alcohol within 300 feet of a school. The Luby site shares a property line with Saint-Thomas d’Aquin Elementary School. They are separate plots, but both belong to the school.

Santos Martinez from La Sierra Planning Group, representing Alexis’ group in their request, notified Avocado late that afternoon that the City looked again at the code and determined that, since Saint-Thomas d’Aquin is a private school and Alexis hits other thresholds, an alcohol gap is not not necessary. Here is the exact language of the code:


(a) No one may sell alcoholic beverages if the establishment is located in:

(1) 300 feet from a church, a public or private school or a public hospital, except that this paragraph does not apply to the holder:

  • a license or permit that also holds a food and beverage certificate covering premises located within 300 feet of a private school;

“City staff reviewed the last sentence of the code in question and determined that this request qualified for the exemption,” Martinez said. “This is partly due to the fact that we are looking for a food and beverage certificate and we are within 300 feet of a private school. Staff have had several meetings with different departments to ensure this interpretation is correct. We were informed this afternoon that we do not need a waiver of the spacing requirements because of this exemption. “

A public hearing was scheduled for the December 8 meeting for city council to hear and vote on the waiver request. According to Santos and Paul Ridley, District 14 Council Member, the public hearing will still be held as scheduled. Ridley reports that he will deny the waiver request now that it is deemed unnecessary. The Council meeting starts at 1 p.m., and you can watch it here.

Alexis plans to share more details with the community on his “family” concept with a “huge patio” for the “hip and connected families of East Dallas”.

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