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HomeMy WebLinkAboutOrdinances (O-01-1300)-09/11/2001 ORDINANCE 0-01-1300 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE CITY CODE; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville has determined that it is in the best interests of the citizens of Colleyville, Texas to revise Chapter 6 of the Colleyville Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Article I, entitled "In General" of Chapter 6 of the Code of Ordinances, City of Colleyville, Texas, is hereby amended in its entirety to read as follows: Sec. 6-1. Applicability of chapter The storage, sale, possession or serving of any alcoholic beverages, when permitted by the laws of the state, shall be regulated and governed as provided herein. Sec. 6-2. Compliance with zoning and Land Development Code (a) The storage, possession, sale or serving of alcoholic beverages by anyone for the consumption, either on or off the premises, shall be prohibited unless on land zoned specifically for that purpose with a Special Use Permit in accordance with the Colleyville Land Development Code. (b) For any area of the city that was granted a Special Use Permit for alcoholic beverage sales, for either on-premises or off-premises consumption, prior to October 1,2001, the premises shall be deemed to satisfy the requirements as established by this Code regarding distance from schools, churches, and other types of premises for all new and subsequent renewals of a license or permit. Sec. 6-3. Restrictions on sales within prescribed distances of public and private schools, churches and public hospitals. (a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within three hundred (300) feet of any church, public or private school, or public hospital. (b) The measurement of the distance between the place of business where Ordinance 0-01-1300 Page 2 of 3 alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (c) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections. (d) The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. (e) The term "private school", including a parochial school, means a school offering a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location. Sec. 6-4. Hours of sale and consumption The hours of sale and consumption shall be as required by the Texas Alcoholic Beverage Commission. 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 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 60 percent of the gross receipts of such business shall be from non-alcohol and food sales. Sec. 2. THAT Chapter 6 of the Code of Ordinances of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-01-1300 Page 3 of 3 Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the -$I)!'\ day Of~ 2001. The second reading and public hearing being conducted on the // ~ day of ,2001. ATTEST: 0~~~ CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: