On Tuesday, the San Marcos Planning and Zoning Commission held a public hearing and approved Gumby’s of San Marcos LLC’s conditional use permit renewal.
The CUP allows for the sale of mixed beverages for on-premise consumption at 312 W. Hopkins Street.
Several neighbors of Gumby’s submitted letters of support for the restaurant’s CUP renewal.
The local pizza place fought hard for its CUP; the restaurant announced its move to a new location in 2016 and applied for a permit.
During Dec. 13, 2016’s Planning and Zoning meeting, numerous concerns raised by citizens caused commissioners to postpone the decision.
In January 2017, the commission voted 5 to 1 with one recusal to approve the request with the following conditions:
- The CUP shall be valid for one (1) year, provided standards are met, subject to the point system;
- The permit shall be effective upon the issuance of the Certificate of Occupancy;
- The CUP shall be posted in the same area and manner as the Certificate of Occupancy;
- The applicant cannot apply for a late hours TABC permit;
- Bottles can only be disposed of during daylight hours; and
- Speakers are not permitted outdoors.
An appeal was filed by a local resident in late January 2017, and in February, the San Marcos City Council voted 5 to 2 to deny the CUP.
Gumby’s Pizza opened for business in Feb. 2018 without a CUP.
After over a year in operation, the restaurant applied for CUP again in October 2019 with the full support of its neighbors.
Commissioners voted 8 to 0 to approve the request with the following conditions:
- The permit shall be valid for one (1) year, provided standards are met;
- The permit shall be posted in the same area and manner as the Certificate of Occupancy;
- Live music shall not be allowed outdoors or any unconditioned areas; and
- The applicant shall not apply for a Late Hours TABC permit.
Tuesday night, commissioners approved the renewal for three years with conditions 2 through 4 with an additional condition of:
- The business shall be responsible for maintaining the sidewalk, gutters, parking lot, all areas within 100 feet of any exit, and all areas of permitted property in a clean and sanitary condition, free from litter and refuse at all times.
Commissioner Mike Dillion recused himself from the vote, and Commissioner Griffin Spell was absent.