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Ordinance No. 12,081ORDINANCE NO. 12,081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXTENSION OF THE LIMITED VARIANCE TO SECTION 6 -2 (A)(2) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, ORIGINALLY GRANTED VIA ORDINANCE NO. 11,782, TO ALLOW THE ISSUANCE OF A WINE AND BEER RETAILER'S OFF - PREMISE PERMIT AT A PROPOSED PHARMACY /CONVENIENCE STORE TO BE LOCATED AT 1515 N. ALEXANDER DRIVE UNTIL DECEMBER 31, 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 day care center or a child care facility; and WHEREAS, the "Let's Learn Christian Learning Center" is located at 1511 N. 10th Street and is approximately 290 feet from the property, on which Walgreen Co., desires to construct a pharmacy /convenience store; and WHEREAS, on October 27, 2011, the City Council authorized a limited variance via Ordinance No. 11,782 to allow the issuance of a wine and beer retailer's off - premise permit at a proposed pharmacy /convenience store to be located at 1515 N. Alexander Drive; and WHEREAS, such limited variance expires October 27, 2012; and WHEREAS, Walgreen Co., now seeks such limited variance be extended until December 31, 2013; and WHEREAS, there are numerous establishments in the area that currently sell alcohol for on or off - premises consumption, including two filling stations, a grocery store, a restaurant, a bowling alley, a pharmacy /convenience store, and a bar; and WHEREAS, City staff visited with the owner of the day care, who indicated that she has no objection to the proposed development and also indicated that she has had no issues with the sale of alcohol that occurs at the adjacent CVS Pharmacy; and WHEREAS, Section 109.33(e) 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 ➢ for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community; and WHEREAS, the City Council finds that in the instant case the requested extension to the variance is appropriate, as the enforcement of the distance requirement set forth in Section 6- 2(a)(2) of the Code on the proposed pharmacy /convenience store at 1515 N. Alexander Drive is not in the best interest of the public, creates an undue hardship on Walgreen Co., does not serve its intended purpose, and /or is not effective or necessary; NOW THEREFORE, 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 the City Council of the City of Baytown hereby grants an extension of the limited variance to Section 6 -2 (a)(2) of the Code of Ordinances, City of Baytown, Texas, originally granted via Ordinance No. 11,782, to allow the issuance of a wine and beer retailer's off - premise permit to Walgreen Co., for a proposed pharmacy /convenience store to be located at 1515 N. Alexander Drive. Such limited variance shall be granted extended until December 31, 2013. Should a wine and beer retailer's off - premises permit not be issued on or before December 31, 2013, this variance will automatically expire. 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 affirmativ of of the City Council of the City of Baytown this the l lth day of October, 2012. 4'd " ST HE ONCARLOS, M yor ATTEST: ©* APPROVED i. M 1 -- r1lo [Z 10 EVEN MI M1 M I Ilk RAKucn \Files \City Counci1\0rdinances\2012 \0ctober I I\ Varimee4A lcoholicBeveragePermit.doc