Local Pizza Restaurant Receives CUP Renewal For Alcohol Sales

Staff Reports

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:

1. The CUP shall be valid for one (1) year, provided standards are met, subject to the point system;
2. The permit shall be effective upon the issuance of the Certificate of Occupancy;
3. The CUP shall be posted in the same area and manner as the Certificate of Occupancy;
4. The applicant cannot apply for a late hours TABC permit;
5. Bottles can only be disposed of during daylight hours; and
6. 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:

1. The permit shall be valid for one (1) year, provided standards are met;
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy;
3. Live music shall not be allowed outdoors or any unconditioned areas; and
4. 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. 

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