The owner of a proposed Eskimo Hut location is appealing a Planning and Zoning Commission decision to deny the business a permit to sell beer and wine to walk-in and drive-thru customers.
A special San Marcos City Council meeting will be held at 5:30 p.m. on Jan. 2 for the sole purpose of holding a public hearing and making a decision on the appeal.
Aquarena Plaza — the property owner, not the business owner, city staff notes in the agenda packet — is appealing the P&Z decision from last month. The original applicant requested a conditional use permit (CUP) to sell alcohol to go, as previous Eskimo Hut locations have done in San Marcos. Nelson Riley, the Eskimo Hut franchisee wanting to set up shop in Suite 110 at 1504 Aquarena Springs Drive, proposed selling the beverages in sealed plastic bags — a method that the Texas Alcoholic Beverage Commission has approved. San Marcos Police Chief Chase Stapp said that while the sealed bags comply with state open container laws, he had concerns about the sale of “to go” alcoholic beverages because of the likelihood that those beverages will be consumed in a vehicle while the vehicle is in operation. Traditionally, Eskimo Hut serves beverages in foam-based cups within the sealed plastic bags. Staff suggested to the applicant in November that foam-based cups be prohibited, given that the drinks are popular with customers who end up going to the river. The applicant agreed to use paper, plastic or reusable containers if the CUP was approved.
There were also concerns about headlights from the drive-thru aiming at some single-family residences, especially since the applicant proposed business hours until midnight throughout the week. However, at the November P&Z hearing, Vance Elliott, who owns the retail center where the Eskimo Hut would be located, said he’d had no complaints about the drive-thru.
“I had no opposition whatsoever from the single-family homes,” he said.
However, city staff had recommended denial of the permit — or approval but on the condition that drinks shall not be served in foam based containers. P&Z denied the request by a vote of 6-2. In a letter to the editor submitted to the Daily Record, members of the San Marcos Chamber of Commerce criticized the decision, calling it “anti-business.”
Staff is also recommending denial of the appeal. However, if council chooses to approve the request for the CUP, staff recommends that the permit be valid for one year and that drinks shall not be served in foam containers.
Council will meet at 5:30 p.m. in the council chambers at City Hall, 630 E. Hopkins St. City council meetings are also televised live on Spectrum Ch. 10 and Grande Ch. 16 or 123-16 and streamed online.
