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HomeMy WebLinkAboutOrdinances (O-03-1398)-04/15/2003 ORDINANCE 0-03-1398 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE COLLEYVILLE CODE OF ORDINANCES, TO REQUIRE QUARTERLY REPORTS; 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, Section 6-34, entitled "Records" is hereby amended in its entirety to read as follows: Sec. 6-34. Records. All persons operating establishments engaging in the sale of alcoholic beverages within the City shall comply with the reporting requirements of this Section. (a) During the first year of any license for on-premises alcoholic beverage consumption issued to a new license-holder, the owner, operator or person in control of an establishment licensed by the state for on-premises alcoholic beverage consumption shall, on a quarterly basis with the quarters ending March 31, June 30, September 30 and December 31, file with the Building Official an affidavit, on an officially approved form provided by the Building Official, that reflects gross sales for the preceding three months, indicating the sales of non-alcoholic items and alcoholic beverages. The quarterly reports for the previous three-month period shall be due on or before the 25th day of April, July, October and January. In the event that no violation occurs during the first year, then the business will only be required to report on an annual basis, thereafter. (b) The party shall also file on a quarterly basis, at the same time the affidavit on sales is filed, a copy of the filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three-month period. (c) Such affidavit and copies of filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes shall be reviewed by the City Manager or Ordinance 0-03-1398 Page 2 of 3 designee for compliance with the provision of Section 6-5 above regarding the ratio of non-alcohol items to alcohol beverage sales. (d) If a quarterly report submitted indicates that the filing establishment does not comply with the percentage requirements of Section 6-5 above, the establishment shall have until the next due date of a quarterly report to bring the establishment into compliance with city ordinances. The licensee shall be notified by certified mail by the Building Official that a violation of this Section has occurred. Such notification shall specify the date by which the licensee must be in compliance with Section 6-5. A report containing the same information as the quarterly report must be filed with the Building Official on or before the date required for compliance, as stated in the letter of notification of violation. (e) If a quarterly report is not submitted to the Building Official on or before the 25th day of April, July, October and January, the Building Official shall notify the licensee by certified mail that a quarterly report has not been submitted. The licensee shall have a period of ten (10) days after the date of delivery marked on the certified mail return receipt to file the quarterly report. (f) Failure to file a quarterly report or failure to bring the establishment into compliance by the next due date of a quarterly report shall constitute a violation of this Section. The City Attorney may inform the Texas Alcoholic Beverage Commission that the establishment is no longer in compliance with the city ordinances as previously certified to by the Building Official and request that the Texas Alcoholic Beverage Commission take whatever action is available under the Texas Alcoholic Beverage Code to revoke the state license. (g) The person operating an establishment subject to the reporting requirements of this article shall permit the City Manager or a designated agent to view and copy the books, records and receipts relative to sales of non-alcohol items and alcoholic beverages at any time after twenty-four hours notice. In the any event the City Manager finds a violation, then the business will be required to comply with Section 1.a for the succeeding twelve months. (h) The city shall have the right to request the establishment to provide a prior quarters report in order to determine the business has remained in compliance. In the event the establishment fails to be in compliance then in that event the business will be subject to the quarterly reporting requirements for another year. 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 0-03-1398 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 /sf day of ~ 2003. The second reading and public hearing being conducted on the /S~ day of ~2003. ATTEST: f1~%~ CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary e~ Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney