HomeMy WebLinkAboutOrdinances (O-81-430)-12/15/1981
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ORDINANCE NO. 0-81-430' c,,;'JJJ,t., 'h.~(;
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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:
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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
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Ordinance No. 0-81-430
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"Sec. 2.
"Sec. 3.
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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
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" Ordinance No. 0-81-430
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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.
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"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.
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Ordinance No. 0-81-430
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"Sec. 6. Occupation taxes to be paid in
advance; separate license required
for each place of business.
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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.
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"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
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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.
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"Sec. 11. Location of business to be in proper
zoning use district.
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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.
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"Sec. 12. Hours of operation.
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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.
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"Sec. 13. Sale of beer for off-premise.consumption.
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It shall be unlawful for any person to
sell or dispense beer for off-premises
consumption except in original packages.
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"Sec. 14. Location of alcoholic beverage sales.
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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.
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"Sec. 15. Records.
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All establishments engaging in the sale
of alcoholic beverages within the City of
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Ordinance No. 0-81-430
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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.
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"Sec. 16. License renewals.
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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
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Ordinance No. 0-81-430
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clauses hereof as an alternative method of publication
provided by law.
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AND IT IS SO ORDERED.
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The
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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.
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CITY OF COLLEYVILLE
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By' td-uJ~
Buck Hubbard, fayor
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Approved as to
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legality: