Ordinance No. 9,540ORDINANCE NO. 9540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A VARIANCE TO SECTION 6 -2 OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO MARIA H. ZOES TO
ALLOW THE ISSUANCE OF AN ALCOHOLIC BEVERAGE PERMIT FOR
ON- PREMISE CONSUMPTION FOR A RESTAURANT WITH A MIXED -
BEVERAGE PERMIT AND A FOOD AND BEVERAGE CERTIFICATE TO
BE LOCATED IN THE BAY PLAZA SHOPPING CENTER IN THE 2300
BLOCK OF NORTH ALEXANDER DRIVE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Bay Plaza Shopping Center is a 13.9 -acre site, located in the 2300 block of
North Alexander Drive, which shares a common property line with James Bowie Elementary
School; and
WHEREAS, because of this common property line, the Code of Ordinances prohibits the
sale of alcoholic beverages within the Bay Plaza Shopping Center; and
WHEREAS, on February 13, 2003, City Council approved a conditional, limited variance
from the application of Section 6 -2 of the Code of Ordinances to allow the issuance of a wine
and beer retailer's off - premises permit for a new grocery store to be located in rental of units 10,
11, and 12 of Bay Plaza Shopping Center; and
WHEREAS, since approval of the variance, the City has received a request for a variance
from the application of Section 6 -2 of the Code of Ordinances to allow the issuance of a mixed
beverage permit for on- premise consumption and a food and beverage permit for a new
restaurant to be located in rental of unit 11 of Bay Plaza Shopping Center; and
WHEREAS, because of the following factors, the City Council of the City of Baytown
desires to allow a limited variance to Section 6 -2 of the Code of Ordinances to allow the issuance
of a mixed beverage permit for on- premise consumption and a food and beverage permit for a
new restaurant to be located in rental of unit I 1 of Bay Plaza Shopping Center:
within the Bay Plaza Shopping Center, two other businesses are licensed by the
Texas Alcoholic Beverage Commission for the sale of alcoholic beverages for on-
premise consumption of alcoholic beverages without a food and beverage
certificate;
there is no direct public access between the school and the proposed restaurant
site; and
➢ the current method of measuring the distance between a place of business where
alcoholic beverages are sold and a school were enacted in 1997, long after the
is development of the center; NOW THEREFORE,
C7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby grants a variance to
Section 6 -2 of the Code of Ordinances, City of Baytown, Texas, to Maria H. Zoes to allow for
the issuance a mixed beverage permit for on- premise consumption and a food and beverage
permit for a new restaurant to be located in rental of unit 11 of Bay Plaza Shopping Center
located in the 2300 block of North Alexander Drive. Such variance shall be granted for a six -
month period commencing on the date of the passage of this ordinance. Should a mixed
beverage permit for on- premise consumption and a food and beverage permit not be issued on or
before September 26, 2003, this variance will automatically expire.
Section 2: 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 27th day of March, 2003.
/.,r, e 1"e g- I=:: Kl� -
PETE C. ALFARO, ayor
ATTEST:
G ,Y W. SM 111, City Clerk
APPROVED AS TO FORM:
G ACIO RAMMEZ, SR ity Attorney
FAKarenTiles\City Counci ROM inances\ ApproveVarianceel Alcohol icEl everagePermil4 Restaurant. doc
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