Ordinance No. 10,044Published in the Baytown Sun on
Tuesday, March 29, 2005 and
ORDINANCE NO. 10,044 Thursday, March 31, 2005
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE I "IN GENERAL" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW
SECTION TO BE NUMBERED AND ENTITLED SECTION 6 -3 "LATE
HOURS" TO ADOPT THE EXTENDED HOURS FOR THE SALE, OFFER
FOR SALE, AND DELIVERY OF BEER AND FOR THE SALE AND OFFER
FOR SALE OF MIXED BEVERAGES BETWEEN THE HOURS OF
MIDNIGHT AND 2 :00 A.M. ON ANY DAY; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N01100 DOLLARS
($200.00); AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 6 "Alcoholic Beverages," Article I "In General" of the Code
of Ordinances, Baytown, Texas, is hereby amended by adding a new section to be numbered and
entitled Section 6 -3 "Late hours" to read as follows:
CHAPTER 6. ALCOHOLIC BEVERAGES
ARTICLE I. IN GENERAL
Sec. 6 -3. Late hours.
a. A holder of a retail dealer's on- premise late hours license may sell, offer for sale, and
deliver beer between midnight and 2:00 a.m. on any day within the city.
b. A holder of a mixed beverage late hours permit may sell and offer for sale mixed
beverages between midnight and 2:00 a.m. on any day within the city.
Section 2: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 3: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO HUNDRED AND NO 1100 DOLLARS ($200.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 24th day of March, 2005.
ATTEST:
r
.�
GA ; f' W. SMITH, City Clerk
APPROVED AS TO FORM:
fG-51,4ACIO R.AMIREZ, A., City Attorney
• RAKaren \Files \City CouncihOrdinances\2005 \March 24 \LateHours.doc
K
CALVIN MUNDINGER, Mayor