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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 THAT Chapter 6, Alcoholic Beverages, of the Colleyville Code of Ordinances is repealed in its entirety.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. Ordinance 0-26-2373 Page 2 of 5 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. Ordinance 0-26-2373 Page 3of5 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 Ordinance 0-26-2373 Page 4of5 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. Ordinance 0-26-2373 Page 5 of 5 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