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Home My WebLink AboutOrdinances (O-73-149)-12/18/1973 ~v ~ MAR.30-T/ LS - ~IO JlL ,PAGE 4.?0 21ZZ0 VOLCIJI:; , 6(){J'l ' 8q VDL (.. " ril~r4 U CITY OF COLLEYVILLE, TEXAS TARRANT COUNTY ORDINANCE 0-73-149' 13V > I f; lilt.., J 'H/"" . gv{' I.,)...." ", { ',- , I /. , I" ~ i r, , ~y (,j') '-' Ji' tl~'" 'J AN ORDINANCE REGULATING AND GOVERING THE STORAGE, SALE, POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES WITHIN THE LIMITS OF THE CITY OF COLLEYVILLE, TEXAS: PROVIDING FOR SUCH USES TO BE PERMITTED ONLY ON PROPERTY ZONED "COMMERCIAL" WITHIN THE CITY OF COLLEYVILLE, TEXAS; PROVIDING THAT SUCH USES SHALL BE WITHIN THE PROVISIONS OF THE "NON-CONFORMING USE PERMIT", ORDINANCE 0-73-145; PROVIDING CERTAIN CONDITIONS PRECEDENT FOR A "NON-CONFORMING USE PERMIT" FOR THE STORAGE, SALE, POSSESSION OR SERVING OF ANY ALCOHOLIC BEVERAGES: AND FURTHER PROVIDING FOR A LIQUOR LICENSE FEE, A PROCEDURE FOR THE OWNERS OF NEWLY ANNEXED PROPERTY TO MAKE APPLICATION, EXEMPTION FROM THIS ORDINANCE OF CERTAIN SPECIFIED USES AND UNDER CERTAIN SPECIFIED CONDITIONS, PROVIDING A PENALTY, PROVIDING A SEVER- ABILITY 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 Reg1ation currently in effect in the City of Co11eyvi11e, 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 here- in. 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 "commercial" and in accordance with the provisions of the "non-conforming use permit" Ordinance 0-73-145 of the City of Co11eyvi11e, Texas. SECTION 3. Notwithstanding any other provision of this Ordinance or any other Ordinance currently in effect in the City of Co11eyvi11e, no "non-conforming use permit" shall be granted for 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 con- sumption. In the event that the applicant is a new business with no operating history, applicant shall furnish to the P & Z Ordinance 0-73-149 VOL Ul,lL; :or: PAGE /3D a. Page 2 VOL 6~~02 P/,GF 484 commission such documentation and other financial information as the Zoning and Planning Commission shall require which shall re- asonably project that at least fifty percent (50%) of the applicant's expected gross sales shall be directly attributable to food sales. SECTION 4. When the "non-conforming use permit" for the storage, sale, possession or serving of alcoholic beverages has been approved, such applicant shall pay to the City of Co11eyvi11e 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 Co11eyvi11e 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 basil s . SECTION 5. Upon any property being finally annexed into the City of Co11eyvi11e, Texas the owner, or lessee or occupant of property is at that time legally storing, selling, possessing or serving alcoholic beverages, the said owner, lessee or occupant of the property shall have ten (10) 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 pro- cessed, 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 6. 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 7. Any person violating or failing to comply with any provisions of this Ordinance shall be fined upon conviction, not less than one dollar ($1.00) nor more ~han two hundred dollars ($200.00) and each day any violation of non-compliance continues shall constitute a separate offense. SECTION 8. It is hereby declared to be the intention of the City Council of the City of Co11eyvi11e that the sections, para- graphs, sentences, clauses, and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, or invalid shall not affect any of the remaining phrases, clauses, sentences, para- graphs or sections of this Ordinance. ;" ",V.pL,~~~g y~~~F..,~8&CI,-_-:-.~~Ti'=~"~ Ordinance 0 - 73 -l~!.nt~~.1? Xr t.~ "..:.:~! Y.f:!/i ~ age 3 SECTION 9 .';::'~~:~t ~~:t' t~:' ;:esent zon:ng'~b~~~~ and regulations of the City of Colleyville are inadeqtia~;'~1 to properly safeguard the health, safety, morals, peace'ah4'~' general welfare of the inhabitants of the City of Colleyville, creates an emergency for the immediate preservation of the public business, property, health, sagety, and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage as pr~vided by the statutes govering the City of Colle~ville,~ ge~~ral law City, and it is accordingly so ordainaf. ~:.-. -'. --c.. ~~~EYVILLE, t,._"._.I) I PASSED AND ADOPTED BY THE CITY COUNCIL OF trHE CIT~F TEXAS, this /? day of December, A.D. 1973~ ,:. C'C' l, v; 10 """ APPROVED: ~,.t ~ ANDREWS, Mayor . ?,~~tI;~ST: \.. " ' -- . mc:X~/~~ .'M,:~WUISE RAMEY, City Secretcfty :,,'~.::; ~"{.,,,>. ' I . APPROVED: '". .~-.. / VOL 6~~02 PAGF487 ;' f' ~b~~~~~RA~l ; J hereby certify thet this instrument was FILED Oft till ; i Hate and at the time stamped hereon by me and was dufJ RECORDED In the Volume and Pail of the DEED RECORDS of T.rrant County, Texas as stamped hereon by 1M. MAR 29 1977 ,.. ::0 ::0 . COUNTY CLERK Z tAR~ANT COUNTY, TEXAS -f N 0.... t, ea . 0- t iI cl; , Zo . , -f 0 W :< '" . . rJ " .c N . (IJ .. ...-..... ..,,-. .. 0 ~~ ll~