Lubbock council fails to approve variance that would have allowed Pub 55 mixed-beverage license near daycare

The Lubbock City Council on June 10 did not approve a request to vary the city's 300-foot separation requirement that would have allowed an applicant identified as Pub 55 to pursue a mixed-beverage, late-hours permit for a Fourth Street address described in the staff report as 3135 Fourth Street.

City staff member Kristen Sager introduced the item as "a resolution request to vary the required separation for a property seeking to obtain a TAVC license" and said the site is within 300 feet of "Mrs. O's daycare at Tech." Sager told council members that previous variances on adjacent properties included Woody's Brick Oven Pizza and Grill (variance granted in 2019), VISO's African Bar and Restaurant (variance granted in 2022) and Frost Brewhouse (variance granted in 2022).

The matter drew questions from council members about the daycare's opening date and notification. Councilman Harris asked whether the daycare had opened before 2019; Sager said the daycare was in place prior to 2019 "because all 3 of these businesses required the separation." Sager also said the city had notified the daycare of the request but had not received a response.

An applicant representative told the council, "We typed a letter to Mrs. Oz," and said they had not received a response. City legal counsel Mr. Wade explained the standard the council should apply, saying, "This is a little bit different than a variance that you would get from zoning... This is a variance from a distance requirement. Once you're within that distance of 300 feet, and if you want to take the variance from the distance requirement, that's when you have to..." Wade added that the council had wide discretion and often considers health, safety and welfare and whether a hospital, church, school or daycare objects.

Council members also asked whether the previously approved nearby establishments were still operating. Sager said Woody's would not remain at the location because Pub 55 intends to locate there, that VISO's remained in operation, and that Frost Brewhouse did not appear to still be operating.

After discussion, Councilman Harris moved to approve Item 6.1. The meeting record does not show a second or a roll-call vote; the presiding officer stated, "If not, the motion fails," and declared the matter concluded. The transcript does not record a formal vote on the variance and provides no tally.

Votes at a glance - Minutes for the May 13, 2025 regular meeting: motion to approve by Councilman Glashine, second by Councilman Harris; presiding officer said the motion carried on a unanimous vote (specific tallies not specified in the record). - Consent agenda: motion to approve by Councilman Glashine, second by Councilman Collins; presiding officer said the motion carried on a unanimous vote (specific tallies not specified in the record). - Item 6.1 (resolution to vary 300-foot separation for a proposed mixed-beverage, late-hours permit for Pub 55 at the Fourth Street location): motion to approve by Councilman Harris; no second or roll-call vote recorded and presiding officer stated the motion failed.

The council took no further action on the variance request during the meeting and then adjourned.