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HomeMy WebLinkAboutOrdinance No. 669 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING ORDINANCE NUMBER 666 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 15TH DAY OF OCTOBER, 1990; ADDING CHAPTER 3, RELATING TOALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE ~.~ULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO ALCOHOLIC BEVERAGES; EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1000o00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OC~JRS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COTJNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Tha~ Ordinance Number 666 passed and approved by the City Council of the City of The Colony, Texas on the 15th day of October, 1990 is hereby repealed in i~'s entirety. Secbion 2. Tha~ Chapter 3 of the Code of Ordinances shall be added and pursuan5 to V.T.C.S. Alcoholic Beverage Code, Section 105.03 - 105.05, shall read as follows: For the sale, offer to sell, and delivery of beer by a holder of a retail dealer's on-premise late hours license, for ~he sale and delivery of alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off- oremise permit, and for the sale of mixed beverages and bhe offer to sell them by a holder of a mixed beverages late hours permit, the hours are hereby extended to include the hours between midnight and 2:00 a.m. on any day. Section 3. If any section~ article paragraph, sentence, clause, phrase or word in this ordinance, or application ~hereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdic~ion~ such holding shall not affect ~he validity of ~he remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That this ordinance shall be cumulative of all o~her ordinances of the City relating to alcoholic beverages and shall not repeal any of the provisions of said ordinances excep~ in ~hose instances where provisions of those ordinances are in direct conflict with ~he provisions of ~his ordinance. Section 5. 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 One Thousand Dollars ($1000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. The fact that the present ordinances and regulations of the City of the Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, 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 become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The C°l°ny' Texas °n this ~/?./~2.~t'- day/~ ~,~..~.z.j~., 1990. wi'q-'l-lam W. . ning, Mayor ~ ATTEST~ Patti A. Hicks, City Secretary APPROVED AS TO FORM: John Boyle, City Attorney