HomeMy WebLinkAboutOrdinances (Ordinance O-19-2084)-07/02/2019ORDINANCE 0-19-2084
AN ORDINANCE AMENDING THE CITY OF COLLEYVILLE CODE OF
ORDINANCES, CHAPTER 6 — ALCOHOLIC BEVERAGES, BY AMENDING
SECTION 6-5; PROVIDING FOR A CRIMINAL PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00);
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has determined that it is necessary to
regulate activities as provided for herein to safeguard the
public; and
WHEREAS, all statutory and constitutional requirements for the passage
of this ordinance have been adhered to, including but not
limited to the Open Meetings Act; and
WHEREAS, the City Council determines that the passage of this ordinance
is in the best interest of the health, safety, and welfare of the
public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and
correct and are incorporated herein by reference as if copied
in their entirety.
Sec. 2. THAT Chapter 6-Alcoholic Beverages, is hereby amended by
amending Sec. 6-5, Alcoholic beverage sales for on -premises
consumption must be incidental to hotel, motel, or restaurant,
which shall read as follows:
"Chapter 6 — ALCOHOLIC BEVERAGES
Sec. 6-5. - Alcoholic beverage sales for on -premises
consumption must be incidental to hotel, motel, or
restaurant.
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 for on -premises
Ordinance 0-19-2084
Page 2 of 3
consumption, 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 40 percent
of the gross receipts of such business shall be from non -
alcohol and food sales.
Sec. 3. THAT all provisions of the ordinances of the City of Colleyville,
Texas, in conflict with the provisions of this ordinance be and
the same are hereby, repealed, and that all other provisions of
the ordinances of the City of Colleyville not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Sec. 4. THAT the meeting at which this ordinance was approved was
in all things conducted in strict compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
Sec. 5. THAT if any one or more sections or clauses of this ordinance
is judged to be unconstitutional or invalid, such judgement
shall not affect, impair or invalidate the remaining provisions
of this ordinance and the remaining provisions of the ordinance
shall be interpreted as if the offending section or clause never
existed.
Sec. 6. THAT an offense committed before the effective date of this
ordinance is governed by prior law and the provisions of the
ordinances of the City of Colleyville, as amended, in effect
when the offense was committed and the former law is
continued in effect for this purpose.
Sec. 7. THAT this ordinance shall become effective from and after its
passage and publication as may be required by law.
AND IT IS SO ORDERED.
Ordinance 0-19-2084
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The first reading and public hearing being conducted on the 181h day of June
2019.
The second reading and public hearing being conducted on the 2"d day of
July 2019.
APPROVED BY A VOTE OF f AYES, ! NAYS, AND _ ABSTENTIONS ON THIS
THE 2ND DAY OF JULY 2019.
Mayor Richard Newton Nair Mayor Pro Tern Bobby
Place 1, Tammy Nakamura AVE Lindamood AY&
Place 3, Kathy Wheat Aye Place 5, Chuck Kelley AYE
Place 4, George Dodson AYF- Place 6, Callie Rigney p �,
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVE""O FORM:
Wfiilt L. Wyatt
City Attorney
CITY OF COLLEYVILLE
Richard Newton
Mayor