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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of the City of Colleyville, Texas, in conflict with the provisions of this ordinance be and the same are hereby, repealed, and that all other provisions of the ordinances of the City of Colleyville not in conflict with the provisions of this ordinance shall remain in full force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 Page 3 of 3 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