Ordinance No. 11,781ORDINANCE NO. 11,781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND
SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION
42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR
THE LITTLE BAVARIAN'S 11T ANNUAL OKTOBERFEST, WHICH IS TO
BE HELD BETWEEN 2:00 P.M. TO 8:00 P.M. ON OCTOBER 29, 2011, AT
407 W. BAKER ROAD, SUITE V, BAYTOWN, TEXAS, CONTINGENT
UPON THE FILING OF THE REQUISITE APPLICATION; AND GRANTING
A LIMITED VARIANCE TO SECTION 6 -2 (A)(1) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, FOR SUCH EVENT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, a variance to Section 6 -2 of the Code of Ordinances, Baytown, Texas (the
"Code ") has been requested for The Little Bavarian's l" Annual Oktoberfest, which is to be held
between 2:00 p.m. to 8:00 p.m. on October 29, 2011, at 407 W. Baker Road, Suite V, Baytown,
Texas; 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 public school; and
WHEREAS, Ross S. Sterling High School is located at 300 W. Baker Road and is within
300 feet of the property on which The Little Bavarian's 1St Annual Oktoberfest is to be held; and
WHEREAS, The Little Bavarian's 1St Annual Oktoberfest is scheduled to be held for a
six (6) hour period on Saturday, October 29, 2011, when school is not in session; 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
➢ is in the best interest of the community; and
WHEREAS, after considering the health, safety and welfare of the public and the equities
of the situation, 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)(1) of the Code on The Little
Bavarian's I" Annual Oktoberfest is not effective or necessary and is not in the best interest of
the community; NOW TI EREFORE,
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 contingent upon the filing of an application, the City Council of the
City of Baytown hereby grants a variance to Chapter 42 "Health and Sanitation," Article V "Live
Outdoor Exhibitions," Section 42-286 "Permit required", of the Code of Ordinances, Baytown,
Texas, to waive the distance requirement fear The I.Attle Bavarian's I" Annual Oktoberfest, which
is to be held between 2:00 p.m. to 8:00 p.m. on October 29, 2011, at 407 W. Baker Road, Suite
V, Baytown, Texas.
Section 3,: That the City Council of the City of Baytown hereby grants a limited
variance to Section 6-2 (a)(1) of the Code of Ordinances, City of Baytown, Texas, for The Little
Bavarian's I" Annual Oktoberfest, which is to be held between 2:00 p,n), to 8:00 11.111. oil
October 29, 2011, at 407 W, Baker Road, Suite V, Baytown, Texas. This variance will
autornatically expire at 8:01 p.m. on October 29, 2011.
Section 4: 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 27"' day of October, 2011.
L41PIRE'91-1. DON�CARLOS Mayor
AT
, 0 - r
U
Clerk
APPROVED AS TO FORM:
w.
e'16NACIO RAMIREZ, SR,, it Attorney
\\Cobsry I \I egaINK are iN:i I esCity Counci I Mrdin an ces\201 I\October 27\0ktoberfestVariances. doe