HomeMy WebLinkAboutOrdinances (O-26-2373)-06/16/2026ORDINANCE 0-26-2373
REPEALING AND REPLACING CHAPTER 6, ALCOHOLIC BEVERAGES,
OF THE COLLEYVILLE CODE OF ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
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
repeal and replace 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 Chapter 6, Alcoholic Beverages, of the Colleyville Code
of Ordinances is repealed in its entirety.
Sec. 2. Article I, entitled "In General" of Chapter 6 of the City of
Colleyville Code of Ordinances, 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.
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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 300 feet of any church, public
or private school, or public hospital.
(b) The measurement of the distance between the place of business where
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 unless modified by City Council and are
more restrictive.
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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 25 percent of the gross
receipts of such business shall be from non -alcohol and food sales.
Sec. 6-6. Temporary alcohol sales in conjunction with a mass
gathering permit.
The City may approve a mass gathering permit for an event at which
alcoholic beverages are sold or served, provided the applicant obtains and
maintains all required permits, licenses, and authorizations from the Texas
Alcoholic Beverage Commission. Approval of a mass gathering permit by the
City does not constitute issuance of an alcoholic beverage permit or license.
The City Council may authorize temporary suspension of otherwise
applicable spacing requirements for the duration of the permitted event
upon finding that the event serves a public purpose and adequate health,
safety, and security measures are in place.
Sec. 6-7. Application to private clubs.
Sections 6-1 - 6-5 are the only section of this chapter which shall apply to
private clubs, and this chapter shall not apply to private clubs incidental to
a hotel or motel, as defined in the zoning ordinance; nor to private clubs
licensed by the state which are owned and operated by nonprofit service
organizations, such as Veterans of Foreign Wars and the American Legion.
Sec. 6-8. Application; contents.
Any person applying for a permit or license issued by authority of the Texas
Alcoholic Beverage Code or a renewal of such permit or license or to change
the location of the place of business designated in such permit or license
shall deliver to the city secretary, for filing, one copy of the appropriate
forms prescribed by the state alcoholic beverage commission.
Sec. 3. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
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Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 5. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 6. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2"d day of June
2026.
The second reading and public hearing being conducted on the 16th day of
June 2026.
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APPROVED BY A VOTE OF 6 AYES, AND 0 NAYS, ON THIS THE 16TH DAY OF
JUNE 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tern Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tern Scotty Richardson Aye Tim Raine, Place 6 Absent
Kimberly Holt Gunderson, Place 5 Aye
ATTEST:
,
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
i tt
City Attorney
TTY OF C LLEYVILLE1
Bobby Lin od
Mayor