Ordinance No. 12,205ORDINANCE NO. 12,205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE
I "IN GENERAL," SECTION 6-2 "SALES NEAR SCHOOLS, CHURCHES,
HOSPITALS OR DAY CARE FACILITIES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO
BE NUMBERED SUBSECTION (B)(3) TO EXEMPT THE APPLICATION OF
THE DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOLIC
BEVERAGES IF THE SAME WOULD RESTRICT SUCH SALES WITHIN
THE ACE ZONING DISTRICT; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
*********************************************************************************
WHEREAS, Section 6-2 of the Code of Ordinances, Baytown, Texas, prohibits the sale
of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public
or private school, a public hospital, day-care center or child-care facility; and
WHEREAS, pursuant to state law, the City Council may allow variances to the regulation
if the City Council determines that the enforcement of the regulation 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 after consideration of the health, safety and
welfare of the public and the equities of the situation, is not in the best interest of the City; and
WHEREAS, the Arts, Cultural and Entertainment ("ACE") zoning district was created:
1. to preserve and enhance the viability of areas for arts, culture and entertainment while
allowing an appropriate mix of land uses;
2. to promote infill development and redevelopment that are compatible with an area for
arts, cultural and entertainment uses, including single-family attached dwellings,
multifamily dwellings and certain retail uses; and
3. to ensure land use compatibility; and
WHEREAS, the City Council determines that the enforcement of the distance
requirements contained in Section 6-2 of the Code of Ordinances, Baytown, Texas, is not in the
best interest of the public; constitutes an inefficient use of land in the ACE zoning district; is not
otherwise effective to accomplish the purposes for which the ACE zoning district was
established; and, after consideration of the health, safety and welfare of the public and the
equities of the situation, is counterproductive in creating an environment where entertainment
venues may develop and flourish; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the facts contained in the recitals of this ordinance are determined to
be true and correct and are hereby adopted as part of this ordinance.
Section 2: That Chapter 6 "Alcoholic Beverages," Article I "In General," Section 6-2
"Sales near schools, churches, hospitals or day care facilities" of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding a new subsection to be numbered subsection
(b)(3), which said subsection reads as follows:
CHAPTER 6. ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Sec. 6-2. Sales near schools, churches, hospitals or day care facilities.
(b) Exception.
(3) It is an exception to the application of subsection (a) if such application
would restrict the sale of alcoholic beverages within the Arts, Cultural and
Entertainment (ACE) zoning district.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: 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
City of Baytown, this the 14`h day of March, 2013.
�l�S _r ti
eeperoesoe
ATT e
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., 0 Attorney
R:\Karen\FileslCity CouncihOrdinances\2013\March MSaleofAlcohohnACE.doc
of the City Council of the
DONCARLOS,