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HomeMy WebLinkAboutOrdinance No. 563 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING APPENDIX-A ZONING OF THE CODE OF ORDINANCES OF THE CITY, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 10 RELATING TO USE OF LAND AND BUILDINGS BY ADDING A NEW SUBSECTION 10-2200 RELATING TO THE SALE OF ALCOHOL BEVERAGES; PROVIDING DISTANCE REQUIREMENTS OF 300 FEET BETWEEN A BUSINESS SELLING ALCOHOLIC BEVERAGES AND A CHURCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL, AND THE METHOD OF MEASURING SUCH DISTANCES; PROHIBITING THE PLACEMENT, ERECTION OR CONSTRUCTION OF A BEVERAGE STORE WITHIN ONE THOUSAND (1,000) FEET OF ANOTHER SUCH FACILITY, AND WITHIN THREE HUNDRED (300) FEET OF ANY DAY CARE FACILITY OR PRIVATE SCHOOL, AND THE METHOD OF MEASURING SUCH DISTANCES; AMENDING THE DEFINITIONS OF BEVERAGE STORE, EATING PLACE AND BAR, LOUNGE OR TAVERN; PROVIDING THAT THIS ORDINANCE SHALL NOT AFFECT ANY VALID BUSINESS SELLING ALCOHOLIC BEVERAGES IN OPERATION ON THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony, have given requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all persons interested, and after such hearings, the governing body of the City of The Colony is of the opinion, after receipt of the Planning and Zoning Commission's recommendation, that the City's Comprehensive Zoning Ordinance should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, (the "City") ,the same being Appendix-A Zoning of the Code of Ordinances of the City, as amended, be and the same is hereby amended in the following particulars, and that all other chapters, sections, subsections, paragraphs, sentences, phrases and words of said Comprehensive Zoning Ordinance are not amended but are hereby verified, ratified, approved and affirmed: A. That a new Subsection 10-2200 relating to the sale of alcoholic beverages is hereby added to Chapter 10 of Appendix A- Zoning of the Code of Ordinances which shall read as follows: "10-2200. Sale of Alcoholic Beverages. (10-2201) The storage, possession sale or serving of any alcoholic beverage, when permitted by the laws of this State, shall be regulated and governed as provided herein, in other parts of this Appendix A-Zoning and in other applicable ordinances of the City. (10-2202) This subsection shall not apply when the storage or serving of alcoholic beverages is strictly for the consumption of the owners of the premises and their guests at no charge. (10-2203) The storage, possession, sale or serving of alcoholic beverages by anyone for consumption by anyone, either on or off the premises, shall be illegal un]ess on property zoned specifically for that purpose. (10-2204) No person shall engage in the business of storing, selling, possession or serving any alcoholic beverage in the city unless the place of business of such person is located in the use district of the city in which the storing, selling, possessing or serving of such alcoholic beverage is permitted. (10-2205) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages, excluding restaurants to sell alcoholic beverages within 300 feet of any church, public school or public hospital. The measurement of the distance between the place of business and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. For any permit or license covering a premise where minors are prohibited from entering the premises under Section 109.53 of the Texas Alcoholic Beverage code, the measurement of the distance between the premises and a public school shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (10-2206) It shall be unlawful for any person who owns or operate a beverage store or bar, lounge or tavern to sell alcoholic beverages where the said beverage store or bar, lounge or tavern is within 300 feet of any day care or private school. The measurement of the distance between said beverage store or bar, lounge or tavern and a day care center or private school shall be in a straight line in all directions from the said beverage store or bar, lounge or tavern to the nearest point of the day care center or private school. The measurement for a structure shall be taken from the nearest point that a structure extends in any direction, including overhanging roofs and all projections or portions of said structures. (10-2207) It shall be unlawful for any beverage store, bar, lounge or tavern to be constructed, erected or placed closer than one thousand (1,000) feet to another beverage store. The measurement of the distance between said beverage store or bar, lounge or tavern and a day care center or private school shall be in a straight line in all directions from the said beverage store or bar, lounge or tavern to the nearest point of the day care center or private school. The measurement for a structure shall be taken from the nearest point that a structure extends in any direction, including overhanging roofs and all projections or portions of said structures." B. That Section 10-300 relating to definitions is hereby amended in part to read as follows: "10-300. Definitions and explanations applicable to use schedule. (10-301) The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as noted in 10-200, Schedule of Uses. (50) Bar, lounge, or tavern: An establishment the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors, and where food service, if any, is secondary to the sale of beer, wine or other liquors. It shall be presumed that an establishment is a bar, lounge or tavern where 75 percent or more of the establishment's gross receipts is derived from the on-premise sale of alcoholic beverages. (53) Restaurant, Eating place with beer, wine or liquor. An establishment other than a bar, tavern or lounge where the primary activity is the sale and service of food to customers and where the sale of beer, wine or liquors is incidental to the serving of food. (109) Beverage store: Facility for the sale of beer, wine and/or liquor not for on-premises consumption, that derives 75 percent or more of its gross revenue from the on-premise sale of beer, wine and/or liquor. Section 3. That this ordinance shall not affect any business validly and lawfully engaged in the storage, sale, possession or serving of any alcoholic beverage prior to the effective date hereof. Section 4. This ordinance shall be cumulative of all other ordinances of the City of The Colony affecting zoning or the regulation of alcoholic beverages and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 7. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of it final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED ~ the City Council of the City of The Colony, Texas this the ~day of ~. , 1988. Don A~cR, May~gr~ - ' ATTEST: ~,~...' Patti A."..~ ;ks, City 'Secretary % :'..APP ROVED.'"'A TO FORM' City Attorney HUT TX § 109.53 REGULATORY AND PENAL PRO¥181ONs Title 198S Amendments. C~p~.'~ ~ ~d 4~2, ~ No~ of ~e eleven~ senWnc,, ~ ~ubJ~ dub ~g~ ~l~, ~h~g oE ,~, but f~ of ~y *~c ~i~a~o~ m~t ~ exam. of ~b s~, ~ i 11.49~X2). ~ ~hip or ~ol~on of ~ed house 9rohib~. wholesalers, or I~l d~m~u~f~ ~ ~. ' ~e~ng ~on for · ~e only Sties n~ Je~ol, ~ppll~on, nofl~ ~ soho] es ~:~nse on ~und ~t ~pp]i~nt was ~ svbter- o~c]&~l, ~ppfi~bi~J~ ~ p~m~es whe~ ~F fuge ~n w~ ~ot ~up~d by subs~n. norl bG~d under ~ ~e~on, lee ~ 109.88(c}. ~l evidence ~nd w~ ~b[~. Tex~ S~t~ of l~i~t~ns, actlo~t brought ~nder Beverage ~mmlsslon v, Good Spiri~, Inc. (Civ. ~l~ section, lee [ ll./O(d), App. 1981) 616 $.W.2d ~ 109.54. Festlvnls ~d Civic ~leb~tfons ~a~ A~y licensee who has pu~hased ~er for 8~le at ~e si~ of a festival or ce~v~t~o~, wh~h}~ ~e~, ~e]d aSnu~lly for at least 15 ye~ du~g a s~cified period hoc exceeal~g lo days snail ~e t~thor~ed for 24 hours iollowing the offlcfal close of,the celebratEn ~ sell any beer ~main~g at ~est~ ~ any licensee or ~it~e au~ortzed ~ purch~e beer for ~) Records of any such tr~ns~go~ shill be kept as may be required by the adminis~a~r. ' Added by Ac~ 1979, 6~ ~l., p, 8~, ch. 3~, ~ 1, iff. ~une ~, 1979. I~ s~r ~une 1, 1987, ~e ce~fi~ ~ filed under Section 1~, CMp~r 285 or Set,on 16, Ohap~r 462, Ac~ ot the 6g~ /e~sIe~re, ~la~ Session, 198~,~ ~e con~nRen~ dese~bed b~ Sube~ion (e) o~ each ot ~hose sections is e~ec~fve on the ~ da ~f th~ month ~o]]ow~ ~e mon~ ~ which the ce~J~ ~ filed. Added by 'Ac~ ;1989, 7~h ~g., ch, 495, ~ ~. eft. A~. 81, 1987. I gee [[ 11.46 NG~, 1~.01 ~o~, l~.0t ~6~, 1~,07 No~ ~d 1~,12 ~ 10g.68. ~nvietion of Offense ~latin{ ~ Dl~rlmlnation; Polie~ if NondiKrlmi. nation · ~he ~m~mlo~ ? ~m~is~a~r aay eue~nd for not more than 60 ~ys or ~ncel an original or ~newal ~it if it ~ found, ~r nogce and hearin~ · (1) ~e ~ h~ ~en Finally ~nvlc~d of any offense unde~,s~ or fede~ amcgminagon ~st an m~dual on ~$ ~ of ~e ~mflu~'a mee, color c~ed sex, or ~lf~on, and . . , (~) ~e offense w~ com~d on ~e fi~ns~ p~m~es or' ~ ~nn~on w3~ the idd~ by A~ 19~, V~ ~g., ~. ~3, i S, eft. J~ I1, 198~. ~ 109.5T. Appll~tlon of ~ ~er fa) Except ~ ~ e~sly ~o~ ~y ~ ~e, s ~a~on, char, or o~nance ~mbe~ or bu~neasea ~q=~ ~ have a l~ceaae or ~i~ un,er ~. ~e ~ are ~e~ on similar pram~e~ or b~ease~ that a~ not ~ui~d ~ have such ~ ]l~n~e or ~ ~a~on ot al~no~e ~ve~ges ~ ~ a~, and ~t except ~w~men~1 ~n~, of ~ 8~ may not ~ against u~nse or ~: uneer ~ e~e. , , (~) ~h .~on ~s pot ~f~t ~e vnlidiW ot ~v~i~W of a re~la~oo, char, or o~man~ ~at wu ~a~y enae~d ~fo~ ~e effec~ve d,~ of the A~ add~g ~ a ,etlon ~ ~ ~de and ~t · o~e~e valid. (d) ~ sec~on ~s not affect the au~o~ of a govemmen~l manner M othe~e ~ by law, ~e lo~gon of: · (I) a mMaage ~lor, nude m~eling emdlo, or o~er sexually (g) an eamb]~hment ~at de~ve~ 75 pement or more of ~genue f~m ~e on-p~mise aale of alcoholic beve~ges. Add~ by AC~ 198~, q0th ~., eh. a08, ~ 8, eft. ~une 11, 19~7. § 109.53 P~GULATORY AND PENAL PRO¥1~IONs ]gl] Amendment. Chapt4~ ~6 ~d 4~2, ~ N~ of for "~on und~ ~ qe of 10 y~" ~. Appllub~ity of ~ s~oe ~ ~,~ ~h · In gene~ pu~g.'s ~ s~ ~ 49.01(e). . ~ much u 49~ of a ~m~ ~[t holder club ~ff~Uo~ ~t~ eh~ of s~, but f~ of ~y n~ si~a2on m~t ~ exam. employee, f~ l~e~, a~d ~ not s ~ol~Uon ~ ~ ~ ~at ~em 2 no ques2on of eub~r. of ~ s~Uon, ~ i 11.49~X2). ~ ~hip or ~oI~ of ~ed house prohib~. J~ ~ act pmhibi~d under ~ s~on, ~m~ 3. O~e~ · ef under ~ s~on, s~ J ILO(d). O~er of ~e Alcoholic Bevsmo ~mmJssfon ~ of ~h s~Uo~ oH J 48,05. s~ ~tt ~d for a ~er ~lleFs off-p~mls- officials, ~p~bility ~ pmm~es whe~ m~ fuge ~m~on w~ ~ot supped by ~ors ba~d under ~ .e~o~, see ~ 10923(c}. ~I evidence and w~ ~bl~. Tex~ Alcoholic S~tu~ of l~i~tlons, ~tione brought under Beverage ~mmission v, Good Spiri~, Inc. (Civ. · ~s section, see [ ll.40(d), App, 1981) Gl6 ~.W.2~ 411, [ 109.54. Festivals ~d Civic ~lebmflo~s ~a~ A~y licensee who has pu~hased ~e~ for sale at ~e si~ of s festival or celebration, whl~h}~ ~e~, ~eld agnu~lly for at least 1~ ye~ dung a s~cifiefl period hoc exceeding 10 days snail ~e su~hor~ed for 21 hours following the offle{ll close 0f lhe celebrat~n ~ sell any beer remsln~g It ~e st~ ~ any licensee or ~it~e ~ purch~e beer for ~ Records of any such transic~o~ sMtl be kept as may be required by the admmis~a~r. ' Added by Ac~ 1979, 66~ Md., p, 8~, ch. 3~, f I, elf. June ~, 1979. Llbra~ In~xictL~g Uquo~ ~126, C3.S, l~toxl~t~g ~quo~ I 202. [ 109,~5, Ce~ifleate If af~f ~Une 1, 1917, ~e c~fl~ ~ fi]ed under Section 15, Ch~p~r 2S5, or Se~tlon Chap~r 462, Ac~ of the 69~ ~a]am~, ~la~ Session, 1985~ the cOn~ngencY descEbed by ~ub~tion (c) of each of tho~e section~ is effective on t~e f~t da of the month following ~e mon~ ~ which the ce~i~ ~ filed. Y Added by ~c~ ?~7, ~h ~., eh. ~9~, ~ ~, eft. Aue. ~l. 1987. ' I See ~ 11.46 No~, I~.01 No~, l~,01 NO~. 1~.07 No~ ~ 1~.1~ ~o~ ~ 10g.S~. ~nviction of Offense ~l~tln~ ~ Dl~flmlnatlo~; ~olicy ~f Nondl~celml. · n~tion · ~he ~m~lion ~r ~m~.~a~r may eus~n~ for not more than 60 ~ys or ~ncel o~i~sl or ~ewal ~it ~f it ~ found, ~ no,ce and hearln~ , (1) ~e ~l~ ~en ~lly ~nvlc~d of ~ny off'nee under s~ or fede~ ~ l ~n]~pa] o~n~ee p~i~f ~e ~ola~on of sn ~di~dual's et~ ~h~ or the A~ by A~ 19~, 7~ ~., ~. ~, I S, eft. J~ 11, [ 109.ST. A~pll~tlon of ~e= ~er y a gove~men~l q~U~ or tn~ stat~ ~y not ~e n~et~e sta~ SOM PRI ~ P.09 REGULATORY AND PENAL PROVISIONS . ~ I0~.57 ~ It. h ~e ~t of ~e le~la~'thst ~h e~* shall exclusively ~ove~ ~la~on of tl~c ~ve~l ~ ~b s~, and ~t except as ~i~d by ~nse or ~t under ~ c~e. ~ , ' g o~man~ ~tt w~ f~hy enae~d ~fo~ ~e effeC~ve da~ of the A~ add~g .~ ~ ~e and ~t ~ o~e~e valid. . · (d) ~ ~ecfion ~ not affect the au~o~ of a ~vemme~J e,fi~ manner ~ o~e~e ~ by law, ~e lo~gon of: ' ' (1) a m~sa~ ~lot nude m~elfng studio, or o~er ~exually oHen~d buslne9e; or . (2) an ~mbl~hment ~at de,yes ~5 pe~ent or more of ~e el~b]ishment's · ~enue f~m ~e on-p~mfse sale of al~holic beve~ges. Add~ ~ Ac~ ~9B7, ~0~ ~g., ch. ~08, ~ 8, elf. ~une 11, 19S7.