Ordinance No. 12,811ORDINANCE NO. 12,811
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A LIMITED VARIANCE TO SECTION 6 -2 (A)(2)
OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO
BAMA LA VAQUITA USA, LLC, TO ALLOW THE ISSUANCE OF A WINE
AND BEER RETAILER'S OFF - PREMISE PERMIT AT A PROPOSED
GROCERY STORE TO BE LOCATED AT 2312 N. ALEXANDER DRIVE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Bama La Vaquita USA, LLC, seeks a variance to Section 6 -2 of the Code of
Ordinances, Baytown, Texas (the "Code ") in order that it may construct a grocery store at 2312
N. Alexander Drive; and
WHEREAS, Section 6 -2 of the Code prohibits the sale of alcoholic beverages by a dealer
whose place of business is within 300 feet of a day care center or a child care facility; and
WHEREAS, James Bowie Elementary is located at 2200 Clayton Drive and shares a
common property line with the property, on which Bama La Vaquita USA, LLC, desires to
operate a grocery store; and
WHEREAS, there are numerous establishments in the area that currently sell alcohol for
on or off - premises consumption, including a bar located in the same shopping center, including;
and
WHEREAS, City staff visited with the principal of James Bowie Elementary as well as
the Executive Director of Support Services and Special Projects for Goose Creek Consolidated
Independent School District, who indicated that they object to the sale of alcohol that occurs at
the adjacent grocery; and
WHEREAS, Section 109.33(s) 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(a)(2) of the Code on the
proposed grocery store at 2312 N. Alexander Drive is not in the best interest of the public,
creates an undue hardship on Bama La Vaquita USA, LLC, 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 limited
variance to Section 6 -2 (a)(2) of the Code of Ordinances, City of Baytown, Texas, to Bama La
Vaquita USA, LLC, to allow the issuance of a wine and beer retailer's off - premise permit at a
proposed grocery store to be located at 2312 N. Alexander Drive. Such variance shall be granted
for a one -year period commencing on the date of the passage of this ordinance. Should a wine
and beer retailer's off - premises permit not be issued on or before March 12, 2016, this variance
will automatically expire.
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 affirmativ vote of the City Council of the
City of Baytown this the 12th day of March, 2015. l
DONCARLOS, Mayor
A'
A
TICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
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ACIO RAMIREZ, SR., 0 Attorney
R:\Karen\Files`,City CouncillOrdinances\2015Warch 121 Variance4AlcoholicBeverages.doc