22-2216ORDiNANCE NO. 22-2216
AN ORDINANCE OF THE CITY OF DENTON GRANTrNG THE TW RESTAURANT
HOLDER, LLC DBA HOOTERS OF DENTON, A NOISE EXCEPTION FOR THE HOOTERSFALL FESTIVAL CHILI COOK-OFF ON SATURDAY, NOVEMBER 19, 2022, FROM 2 P.M.TO 10 P.M., AT 985 S INTERSTATE 35; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the
City Council may make exceptions upon application for sound levels or hours of operation when the
public interest will be served thereby; and
WHEREAS, The TW Restaurant Holder, LLC dba Hooters of Denton has made an application
to the City Council for an exception to Section 17-20 of the Code of Ordinances regarding sound levels
and hours of operation, in connection with the Hooters Fall Festival Chili Cook-Off, which will be
held on Saturday, November 19, 2022, from 2 p.m. to 10 p.m., at 985 S Interstate 35 in Denton,Texas; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton, the
TW Restaurant Holder, LLC dba Hooters of Denton has previously demonstrated an ability to
responsibly operate events at Hooters Restaurant, at amplified sound levels restricted in Section 17-
20 of the Code of Ordinances of the City of Denton, within the public interest, and without materially
disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and
WHEREAS, the City Council of the City of Denton, finds that granting a noise exception for
this event, subject to the restrictions contained herein, would serve the public interest; NOWTHEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the TW Restaurant Holder,
LLC dba is hereby granted an exception to said section's amplified sound prohibition subject to thefollowing restrictions:
1 This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of the
City of Denton, is granted only in connection with the operation of the Hooters Fall Festival
- Chili Cookoff at 985 S Interstate 35 in Denton, Texas, on Saturday, November 19, 2022,
from 2 p.m. to 10 p.m.
2.The TW Restaurant Holder, LLC dba Hooters of Denton agrees to take full responsibility
for ensuring that the conditions of this exception are met and to take all reasonable measures
necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of theevent
3
4
The TW Restaurant Holder, LLC dba Hooters of Denton agrees to cease using amplified
loudspeakers on Saturday, November 19, 2022, at 10:00 p.m.
Under no circumstances shall the TW Restaurant Holder, LLC dba Hooters of Denton
employ the use of amplified loudspeakers past 10 p.m. on Saturday, November 19, 2022.
5.Under no circumstances shall the TW Restaurant Holder, LLC dba Hooters of Denton
employ the use of amplified loudspeakers that exceeds 75 dba for an outdoor event when
measured from the perimeter of the source as measured by an approved measuring instrument.
6.This Ordinance confers no personal or property rights, and may be amended, modified,
suspended, or revoked in whole or in part at the will of the City Council of the City of Denton,
without any warning, hearing, or compensation, for any reason at all, or for no reason.
7.This Ordinance shall be strictly construed as an exception granted pursuant to Section 17- 20
of the Code of Ordinances of the City of Denton. The City of Denton expressly reserves unto
itself and all other persons any and all legal remedies, both civil and criminal, relating to
excessive noise in correction with this annual event, and hereby disclaims any promissory, or
equitable estoppel which might in any way impede the pursuit of such remedies by any person.
SECTION 2. This Ordinance shall be effective immediately upon its passage and approval
and shall expire upon the completion of the Hooters Fall Festival Chili Cook-Off on Saturday,
November 19, 2022, at 10:00 p.m., unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by TIf icu hcl and
seconded by I Me bats . This Ordinance was passed and approved by the
following vote LI - a:
Aye
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L/
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the 1 gb day of Noqer,bba/. 2022.
E FI ,N
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ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY
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