Ordinance No. 15,415ORDINANCE NO. 15,415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A VARIANCE TO SECTION 6-2 OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO CHAPALA JALISCO
TAQUERIA, A RESTAURANT LOCATED AT 1200 MARKET STREET, TO
SELL ALCOHOL FOR ON -PREMISES CONSUMPTION WITHIN 300 FEET
IN A DIRECT LINE FROM THE PROPERTY LINE OF A PUBLIC SCHOOL
LOCATED AT 1415 MARKET STREET, BAYTOWN, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, Chapala Jalisco Taqueria, a restaurant located at 1200 Market Street, seeks a
variance to Section 6-2 of the Code of Ordinances, Baytown, Texas (the "Code") in order that it
may sell alcohol for on -premises consumption at the referenced location; and
WHEREAS, Section 6-2(a)(1) of the Code prohibits the sale of alcoholic beverages by a
dealer whose place of business is within 300 feet of a public school; and
WHEREAS, IMPACT Early College High School is located at 1415 Market Street in a
direct line across from the property on which Chapala Jalisco Taqueria is located; and
WHEREAS, City staff communicated with the office of the Goose Creek Consolidated
Independent School District ("GCCISD") Superintendent of Schools who indicated that GCCISD
has no objection to the sale of alcohol at the restaurant; and
WHEREAS, Section 109.33(e) of the Texas Alcoholic Beverage Code allows for the City
Council to grant a variance to the distance regulations established by the City Council in Section
6-2 of the Code if the City Council determines that the enforcement of the regulations in a
particular instance
➢ is not in the best interest of the public,
➢ constitutes waste or inefficient use of land or other resources,
➢ creates an undue hardship on an applicant for a license or permit,
➢ does not serve its intended purpose,
➢ is not effective or necessary, or
➢ for any other reason the City Council, after consideration of the health, safety, and welfare
of the public and the equities of the situation, determines is in the best interest of the
community; and
WHEREAS, the City Council finds that in the instant case a variance is appropriate, as the
enforcement of the distance requirement set forth in Section 6-2 of the Code on the restaurant
located at 1200 Market Street is not in the best interest of the public, creates an undue hardship on
Chapala Jalisco Taqueria, does not serve its intended purpose, and/or is not effective or necessary;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be
true by the City Council of the City of Baytown, Texas.
Section 2: That the City Council of the City of Baytown hereby grants a variance to
Chapala Jalisco Taqueria, under Section 6-2(a)(1) of the Code of Ordinances, City of Baytown,
Texas, to allow the sale of alcohol for on -premises consumption at its 1200 Market Street location.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 131h day of April, 2023.
F ePYpt�;y BRANDON CAPETILLb, Mayor
ATTEST: ��co,oeeaooaae,eecT�
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ANGELA KSON, City Clerk
APPROVE A TO FORM:
SCOTT VEMOND, City Attorney
RAKaren Anderson+ORDINANCES\2023\2023.04.13 .S. Lemond Variance4AlcoholicBeverages.docx
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