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HomeMy WebLinkAboutOrdinances (O-73-136)-08/21/1973 - / VOLf.nlE JJf" PAGE 77 CITY OF COLLEYVILLE, TEXAS / ORDINANCE No. 0-73-136 AN ORDINANCE REGULATING AND GOVERNING THE STORAGE, SALE, POSSESSION, OR SERVING OF ALCOHOLIC BEVERAGES WITHIN THE LIMITS OF THE CITY OFCOLLEYVILLE, TEXAS: PROVIDING FOR SUCH USES TO BE PERMITTED ONLY ON PROPERTY ZONED WITHIN THE CITY OF COLLEYVILLE, TEXAS, ORDINANCE NUMBER 0-73-125, SAME BEING THE "SP" SPECIFIC USE PERMIT ORDINANCE: PROVIDING THAT SUCH USES SHALL BE WITHIN THE PROVISIONS OF THE SPECIFIC ,USE PERMIT ORDINANCE; ADDING TO THE SPECIBIC USE PERMIT PROVISIONS, ANY USE OR USES NOT PROHIBITED BY THE ZONING ORDINANCE; PROVIDING CERTAIN CONDITIONS PRECEDENT FOR A SPECIFIC USE PERMIT FOR THE STORAGE, SALE, POSSESSION OR SERVING OF ANY ALCOHOLIC BEVERAGES; PROVIDING FOR A LIQUOR LICENSE FEE; PROVIDING A PROCEDURE FOR THE OWNERS OF NEWLY ANNEXED PROPERTY TO MAKE APPLICATION; EXEMPTING FROM THIS ORDINANCE CERTAIN SPECIFIED USES AND UNDER CERTAIN SPECIFIED CONDITIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION 1. Not withstanding any provision of any ordinance or any other City Regulation currently in effect in the City of Colleyville, Texas, THE STORAGE, SALE, POSSESSION OR serving of any alcoholic beverages. when permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. SECTION 2. The storage. possession. sale or serving of alcoholic beverages by anyone for consumption by anyone either on or off the premises shall be illegal unless on property zoned specifically for that purpose within the City of Colleyville Texas, Ordinance 0-73-125. same being the "SP" Specific Use Permit Ordinance of the Comprehensive Zoning Ordinance. SECTION 3. The City of Colleyville, Texas, Ordinance 0-73-125 is hereby amended by adding thereto a use which shall be entitled "Storage, Sale. Possession or Serving of Alcoholic Beverages." SECTION 4. The City of ~olleyville, Texas, Ordinance 0-73-125 1s hereby amended by adding thereto the following use category: "Any use or uses not prohibited by the Zoning Ordinance or other ordinances of the City may be authorized in a "SP" Specific Use Permit District." SECTION 5. Notwithstanding any other provision of this Ord- inance or any other Ordinance currently in effect in the City of Colleyville, no specific use permit shall be granted for the storage, sale, possession or serving of any alcoholic beverages unless at least fifty percent (50%) of the gross sales of the business of the applicant shall be directly attributable to food sales for either on or off premise consumption. In the event that the applicant is a new business with no operating history. applicant shall furnish to the zoning and Planning Commission such documentation and other financial information as the Zoning and Planning Commission shall require which shall reasonably pro- ject that at least fifty percent (50%) of the applicant's ex- --'....,'-_."'-,---~.<,~,.,-~-"......,"~......- Ordinance 0-73-136 VOLUME 1J{" "EAG~ 71 'Fag 2 pected gross sales shall be directly attributable to food sales. SECTION 6. When the Special Use Permit for the storage, sale, possession or serving of alcoholic beverages has been approved, such applicant shall pay to the City of Colleyville a liquor license fee equal to 1/2 of the fee assessed by the State of Texas under the Texas Liquor Control Act for such liquor permit, except that there shall be no liquor license fee assessed by the City of Colleyville for mixed beverage permits during the first, second, and third years of the existence of such permits. All liquor licenses required hereunder shall be renewed on an annual basis. SECTION 7. Upon any property being finally annexed into the City of Colleyville, Texas if the owner, or lessee or occupant, of property is at that time legally storing, selling, possessing or serving alco~lic beverages, the said owner, lessee or occupant of the property shall have ten (lO) days from date of final annexation to file an application for a change in zoning pursuant to this Ordinance. During the time the zoning case is being processed, the owner, lessee or occupant, shall be permitted to operate provided the request for zoning is being diligently pur- sued. If the case is denied or if a period of time greater than fifty (50) days from the date of filing the case elapses the owner, lessee or occupant shall immediately cease storing, selling, possessing, or serving of alcoholic beverages. SECTION 8. This ordinance shall not apply when the storage or serving of alcoholic beverages is strictly for the consumption of the owners or occupants of the premises and their guests at no charge. SECTION 9. Any person violating or failing to comply with any provisions of this Ordinance shall be fined upon convict~on, not less than one dallar (il.OO) nor more than two hundred dollars ($200.00) and each day any violation of non-compliance continues shall constitute a separate offense. SECTION 10. It is hereby declared to be the intention of the City Council of the City of COlleyville that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ord1nance, since the same would bave been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrases, clause, sentence, para- graph or section. SECTION 11. The fact that the present zoning Ordinance and regularions of the City of Colleyville are inadequate to properly safeguard the health, safety, morals, peace and general welfare Ordinance 0-73-136 VOLUUE 1Jf" PAGE 79 Page 3 ~ of the inhabitants of the City of Colleyville, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requ1~es that this Ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Colleyv1lle and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEY- VILLE, TEXAS, this 21st day of August, A.D. 1973. ,)/ L/~ ;:ir;;;:L / A. ANDREWS. Mayor ATTEST: ~~&,~~ M. LeU RAMEY, City Secre ary APPROVED AS TO FORM: RICHARD GOODNER, City Attorney _'_-._"_~~'_C_~_*"_"'~_"_<_'""______"'-"'-""--~--~~'-'