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Ordinance No. 10,033ORDINANCE NO. 10,033 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO SECTION 6 -2 "SALES NEAR SCHOOLS, CHURCHES, HOSPITALS, OR DAYCARE FACILITIES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW THE ISSUANCE OF TEMPORARY PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTIES IN AND ALONG MARKET STREET IN CONJUNCTION WITH THE LONG NECK FESTIVAL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Baytown Outdoor, Inc., is planning the Long Neck Festival to be held from the 13`1' through the 15`h day of May, 2005; and WHEREAS, Section 6 -2 "Sales near schools, churches, hospitals, or daycare facilities" of the Code of Ordinances prohibits the sale of alcoholic beverages at the proposed site in and along Market Street due to such site's proximity to the Robert E. Lee High School, and one or more churches; and WHEREAS, because the variance proposed will allow the sale of alcoholic beverages during the festival when no school is in session, 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 temporary permits for the sale of alcoholic beverages on properties in and along Market Street in conjunction with the Long Neck Festival; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the above - referenced recitals are true and correct. Section 2: 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 allow the issuance of temporary permits for the sale of alcoholic beverages on properties in and along Market Street in conjunction with the Long Neck Festival. Such variance shall be granted for the three -day event. This variance will automatically expire on May 16, 2005. 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 10`h day of March, 2005. C • CALVIN MUNDINGER, Mayo ATTEST: G RY6 . SMITH-, City Clerk APPROVED AS TO FORM: 'rOfqACIO RAMIREZ, SR., i At orney R:\ Karen \Files \City Council \Ordinanc 5\March IO\ApproveVariance4A] cohoIicBeveragePermit4 Lon gNeckFestival .doc