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HomeMy WebLinkAboutOrdinances (O-81-430)-12/15/1981 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I I, I VOL PAGE '-I!d. ,~/ ,'./,-_/ ,yA/ j: '....,', z..--'"~'," / ) J:-7., 1/,/" . /,/ ~ /~:J I <~/ '/;i'} "). /~' / ....0 c. /j' ' /.~ .., 'Ii,.-, , _-.I {!..it. r, ORDINANCE NO. 0-81-430' c,,;'JJJ,t., 'h.~(; I [', ~ I ,("7 c - II- /-<yf AN ORDINANCE REQUIRING Ai\! APPLICATION FOR A PERMIT OR LICENSE _'-/ !It7 ;)1' FOR THE SALE OF ALCOHOLIC BEVERAGES AND SPECIFYING ITS CONTENTS; " I,. REQUIRING AN INVESTIGATION OF THE APPLICANT BY THE CHIEF OF .....7J POLICE; P~QUIRING REVIEW OF THE APPLICATION BY THE CITY ATTOfu\!EY FOR THE PURPOSE OF CERTIFYING THE PROPOSED BUSINESS WILL BE IN APPROPRIATE ZONING AND PROVIDING FOR THE CITY ATTOID~EY TO MAKE OBJECTIONS TO THE ISSUANCE OF A LICENSE OR PEID1IT; REQUIRING LICENSEE TO PAY A TAXi SPECIFYING THE AMOUNT OF TAX LEVIED ON EACH OCCUPATION; REQUIRING TAXES TO BE PAID IN ADVANCE AND REQUIRING A SEPARATE LICENSE FOR EACH PLACE OF BUSINESS; PRO- VIDING FOR THE ISSUANCE AND CONTENTS OF A LICENSE; REQUIRING DISPLAY OF THE LICENSE; PROVIDING FOR LIMITED REFUND OF THE OCCUPATION TAX; LIMITING THE PROXIMITY OF A BUSINESS SELLING ALCOHOLIC BEVERAGES TO CERTAIN BUSINESSES, SCHOOLS AND CHURCHES; REQUIRING THE LOCATION OF THE BUSINESS TO BE IN A PROPER ZONING DISTRICT; PROVIDING FOR HOURS OF OPERATION; REQUIRING SALE IN ORIGINAL CONTAINERS FOR OFF-PREMISE CONSUMPTION; SPECIFYING THE LOCATION OF ALCOHOLIC BEVERAGE SALES AND REQUIRING THAT 'I'HEY BE INCIDENTAL TO FOOD Sf.~ES; REQUIRING MAINTENANCE OF RECORDS AND THE FURNISHING THEREOF TO THE CITY; ALLOWING LICENSE RENEWALS ONLY UPON SATISFACTION OF THE FOOD SALES REQUIREMENT AND PROVID- ING A DELAY FOR A RENEWAL LICENSE IN THE EVENT THE FOOD SALES REQUIREMENT IS NOT MET; SPECIFYING THE TERMS OF THIS ORDINANCE WHICH APPLY TO PRIVATE CLUBS; PROVIDING FOR A PENALTY AND l'.,.uTHORI ZING PUBLICATION. WHEREAS, the City has recently annexed an area in which the sale of alcoholic beverages are allowed; and, WHEREAS, the City currently has no ordinances regulating the sale of alcoholic beverages; and, WHEREAS, the City deems it is in the best interest of the citizens of the City of Colleyville that the sale of alcoholic beverages be limited to time, place and under the cir- cumstances set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Code of Ordinances of the City of Colleyville be amended by adding thereto Chapter 7A, entitled "Alcoholic Beverages" which shall provide as follows: " ALCOHOLIC BEVERAGES Se c. 1. Application for pernit or license; contents. Any person applying for a permit or license issued by 'authori ty of the Texas Liquor 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 0-81-430 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 "Sec. 2. "Sec. 3. VOL PAGE Control Act (Title 11, Chapter 8 of the Texas Revised Civil Statutes), or a re- newal of such permit or license or to change the location of the place of business designated in such permit or license, shall deliver to the city secretary, for filing, one copy of the appropriate forms prescribed by the alcoholic beverage commission to- gether with scale drawings showing the pro- posed location of applicant's business in relation to streets, property lines, the nearest church, public school or public hospital. Such person shall also provide a statement of his name, current address, addresses for the previous ten (10) years, age, all other city permits or licenses held and the names and addresses of all persons with an interest in such business, which statement shall include an affidavit that the information given is true and correct. The applicant shall give permission for his fingerprints, height, weight, coloring, and other description to be obtained by the police department. Investigation of applicant by chief of police. The city secretary shall direct the applicant to deliver such information to the chief of police who shall cause an in- vestigation to be made as to the applicant's reputation as well as those of his business associates and also as to the applicant's criminal record, if any. On completion, the chief of police shall forward such applica- tion and information together with his investi- gative findings to the official with primary responsibility for enforcing the zoning laws who shall determine the use district in which such business is located, the distance to the nearest church, public school and public hospital and any deficiencies in the building proposed or planned for use. He shall forward his findings, together with all material received from the police chief to the city attorney. Review of information by city attorney; certification as to zoning; objections to issuance of license or permit. The city attorney shall, upon receiv- ing the information above, determine whether 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 " Ordinance No. 0-81-430 Page 3 VOL PAGE 1 2 3 the applicant's place of business is to be located in a zoning district where such is prohibited and whether the use is prohibited to this applicant by any ordinance or state law at such location. The city attorney shall notify the city secretary of his deter- mination and shall advise the city secretary to certify on the application that the manu- facture, distribution or sale of alcoholic beverages as applied for is or is not pro- hibited at the location of the applicant's place of business. If from the city attorney's examination it appears that the applicant is disqualified, or that the applicant's place of business is inadequate, unsafe, insanitary or does not comply with all the terms of this chapter and the Texas Liquor Control Act, or that any lawful reason exists why the permit or license should not be issued, it shall be the duty of the city attorney to file objections to the issuance of the permit or license with the alcoholic bever- age commission or with the county judge. 4 5 6 7 8 9 "Sec. 4. Duty of permittee or licensee to pay license tax. No permittee or licensee under this chapter shall engage in the business authorized by his permit or license without first hav- ing paid to the city the permit or license tax levied by this chapter. It shall be the duty of the city attorney to petition the state alcoholic beverage commission to cancel the permit or license of any permittee or licensee who shall engage in the business authorized by the permit or license of such person without first having paid the taxes levied by this chapter. "Sec. 5. Occupation tax levied; amount. There is hereby levied on each person granted and holding a license or permit under this chapter and engaged in the business authorized by such licenses or permit in the city an annual occupation tax in an amount equal to one-half (1/2) of the amount charged or taxed by the State of Texas pursuant to the Alcoholic Beverage Code for each type of business or occupation. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 0-81-430 Page 4 1 2 3 "Sec. 6. Occupation taxes to be paid in advance; separate license required for each place of business. 4 5 The occupation taxes required for licenses and permits as required by this chapter shall be paid in advance for one year. A separate license as required by this article shall be obtained for every place of business where the business of alcoholic beverage manufacture, distri- bution or sale is conducted, and occupation taxes for each such license shall be paid. 6 7 8 9 "Sec. 7. Issuance, contents of license. Upon approval by the city attorney and payment of occupation taxes, the city secre- tary shall issue a license in the name of the city which shall acknowledge receipt of such amount and shall contain the number, name and expiration date of the state per- mit or license, the name of the permittee or licensee, the trade name of such permittee or licensee, the address of the business and the date of issuance. "Sec. 8. Display of license. The license issued by the city secretary shall be displayed at all times in a conspic- uous place within the licensed place of business. "Sec. 9. Refunds of occupation tax. No refund of an occupation tax paid the city under the terms of this chapter shall be made for any reason except when the permittee or licensee is prevented from con- tinuing in business by reason of the result of a local option election or an amendment of the zoning regulations of the city con- cerning the property on which the place of business is situated. "Sec. 10. Proximity of place of business to schools, churches, etc. No person shall sell or dispense or engage in the business of selling or dispensing al- coholic beverage where the place of business of such person is situated or is located within Ordinance No. 0-81-430 Page 5 VOL PAGE 1 2 one thousand (1000) feet of any church, public school or public hospital, the measurements to be along the property lines of the street fronts and from front door to front door in a direct line across street intersections where they occur. 3 4 5 "Sec. 11. Location of business to be in proper zoning use district. 6 No person shall engage in the business of manufacturing, distributing or selling any alcoholic beverage in the city unless the place of business of such person is located in the use district of the city, as established by present and future zoning regulations of the city, in which the manu- facture, distribution or sale of such alco- holic beverage is permitted. 7 8 9 10 11 "Sec. 12. Hours of operation. 12 It shall be unlawful for any person to sell or dispense or offer to sell or dispense any beer for off-premises consumption between the hours of 11:00 p.m. of any day and 2:00 a.m. of the following day. 13 14 "Sec. 13. Sale of beer for off-premise.consumption. 15 It shall be unlawful for any person to sell or dispense beer for off-premises consumption except in original packages. 16 17 "Sec. 14. Location of alcoholic beverage sales. 18 No person shall sell, store, dispense or otherwise handle for the purpose of sale, or engage in the business of selling, storing, dispensing or otherwise handling for sale any alcoholic beverage in the city, except in a location where such activity is either incidental and secondary to use on the same premises for hotel or motel purposes, or where incidental and secondary to the sale of food for human consumption, which shall be construed to mean that at least sixty (60) per cent of gross receipts shall be from food sales. 19 20 21 22 23 "Sec. 15. Records. 24 25 All establishments engaging in the sale of alcoholic beverages within the City of 26 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Ordinance No. 0-81-430 Page 6 VOL PAGE 1 Colleyville after the passage hereof, including private clubs, shall submit to the city secretary sworn copies of all state sales tax returns and state alcoholic beverage tax returns filed by said establish- ment, together with a form authorizing the city to verify the returns with appropriate state agencies. The applicant shall also supply receipts from suppliers upon request of the city secretary. Licensees under this chapter and private clubs shall supply such copies on or before the date said reports are due to the state. Such records shall cover the most recent period of opera- tions since the passage of this ordinance. 5 6 7 8 "Sec. 16. License renewals. 9 No license shall be renewed for any location where the records required by sec- tion 15 indicate that gross receipts from sales of food are less than gross receipts from alcoholic beverage sales. No new license shall be granted for alcoholic beverage sales at such location. for a period of six (6) months. "Sec. 17. Application to private clubs. Sections 1, 3, 10, 11, 12, 13, 14, 15, 17, and 18 are the only sections of this chapter which shall apply to private clubs, and this chapter shall not apply to private clubs incidental to a hotel or motel, as defined in the zoning ordinance; nor to private clubs licensed by the state which are owned and operated by non-profit service organizations such as Veterans of Foreign Wars, and the American Legion. "Sec. 18. Penalty for violation of certain sections. Any person violating any of the, ~ovisions of sections 1, 4, 6, 8, 10, 11, 12, 13, 14 or 15 as set forth herein shall be deemed guilty of a misdemeanor and upon final convic- tion thereof shall be fined in an amount not to exceed Two Hundred Dollars ($200.00); each and every day such violation continues shall constitute a separate offense and is punishable as such. The city attorney is authorized to bring civil proceedings to enjoin the operation of any premises not in compliance with the pro- visions of this chapter." 25 Sec. 2. The city secretary is authorized and directed to cause publication of the descriptive caption and penalty 26 Ordinance No. 0-81-430 Page 7 VOL PAGE 1 2 3 clauses hereof as an alternative method of publication provided by law. 4 AND IT IS SO ORDERED. 5 The day The day The day 7 public hearing being conducted on the If/v , 1981. eading,~nd public hearing being conducted on the of '1{ Jijjv , 1981. tql-~~ ~ead~ and public hearing being conducted on the o~ _._ fd/J' -ltII.J , 1981. 6 8 CITY OF COLLEYVILLE 9 10 By' td-uJ~ Buck Hubbard, fayor 11 12 13 14 Approved as to 15 16 17 18 19 20 21 22 23 24 25 26 legality: