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HomeMy WebLinkAboutORD 2004-73 - Alcoholic BeverageR 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 6.40 OF THE CODE OF ORDINANCES RELATING TO ALCOHOLIC BEVERAGES TO ADDRESS RECENT CHANGES IN THE LAW; REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Legislature amended the Texas Alcoholic Beverage Code in its last regular session; and WHEREAS, the Council recognizes that its Code of Ordinances is in need of amendment to address these changes, and WHEREAS, the Council finds that amending its ordinance regarding alcoholic beverages to reflect the amendments to the Texas Alcoholic Beverage Code is in the best interest of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Century Plan Element: LO The community enjoys the benefits of well-planned land use in which conflicting needs are balanced. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Section 6.40.010 of the Georgetown Code of Ordinances (pertaining to "Definiti ons. ") is hereby amended to read as follows: Sec. 6.40.010. Definitions. A.. C. No changes needed. D. "Private school" means a private school, including a parochial school, that: 1, offers a course of instruction for students in one or more grades from kindergarten through grade 12; and ORDINANCE NO. clOOLI - #7 Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages Page 1 of 6 2. has more than 100 students enrolled and attending courses at a single location. SECTION 3. Section 6.40.020 of the Georgetown Code of Ordinances (pertaining to "License required - Penalty") is hereby a mended to read as follows: Sec. 6.40.020. License required - Penalty. A. Any person wishing to manufacture, distill, brew, sell, possess for the purpose of sale, transport, import into this State, export from this State, distribute, warehouse or store any alcoholic beverage, solicit or take orders for alcoholic beverages, sell, bottle, rectify, blend, treat, fortify, mix or process alcoholic beverages, or engage in any other activity related to alcoholic beverages for which the State of Texas requires a permit or license, shall apply for a license for each permit or license required by the State of Texas from the City by filing an application with the City Secretary, using the form prescribed by the City Secretary. Once a completed application is filed with the City Secretary, the City Secretary shall verify the information contained in the application within ten (10) business days of its receipt. B. - D. No changes needed. SECTION 5. Section 6.40.050 A. Section 6.40.040 of the Georgetown Code of Ordinances (pertaining to "Minimum distance requirements.") is "Transfer of license.") is amended as follows: Sec. 6.40.040. Transfer of license. Any license issued under the provisions of this chapter shall not be transferable or assignable except in accordance with state law. SECTION 5. Section 6.40.050 of the Georgetown Code of Ordinances (pertaining to "Minimum distance requirements.") is am ended as follows: Sec. 6.40.050. Minimum distance requirements. A. It is unlawful for a person to sell or engage in the business of selling any alcoholic beverage where the place of business of such person is located within 300 feet of a church, public or private school or public hospital. 1. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from the front door to front door, and in direct line across intersections. ORDINANCE NO. A004 d 1 Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages Page 2 of 6 2. The measurement of the distance between the place of business where alcoholic beverages are sold and the 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; or if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. B. It is unlawful for a person to sell or engage in the business of selling any alcoholic beverage where the place of business of such person is located within 1,000 feet of a public or private school if the commissioners court or the City Council receives a request from the board of trustees of a school district under Section 38.007, Education Code or a request from the governing body of the private school. 1. The measurement of the distance under this subsection between the place of business where alcoholic beverages are sold and the public or private school shall be from the door by which the public may enter the place of business and the nearest property line of the public or private school, measured along street lines and directly across intersections. 2. Any dealer who held a license or permit from the State of Texas, on September 1, 1983, in a location where a regulation under Texas Alcoholic Beverage Code Ann. Section 109.33 (Vernon 1995) was in effect on that date, the measurement of the distance between the place of business of the dealer and a public or private school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. C. Subsection A of this section does not apply to the holder of: 1. A valid State of Texas license or permit who also holds a food and beverage certificate covering a premises that is located within 300 feet of a private school; or 2. A valid State of Texas license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Code and that is located within 300 feet of a private school. D. Subsection B of this section does not apply to the holder of: 1. A valid State of Texas retail on -premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale of service of alcoholic beverages; 2. A valid State of Texas retail off -premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding ORDINANCE NO. x.004 - J Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages Page 3 of 6 the sale of items subject to the State of Texas motor fuel tax, is from the sale or service of alcoholic beverages; 3. A valid State of Texas wholesaler's, distributor's , brewer's, distiller's, and rectifier's, winery, wine bottler's or manufacturer's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in the Code; 4. A valid State of Texas license or permit issued under Chapter 27, 31, or 72 of the Code who is operating on the premises of a private school; or 5. A valid State of Texas license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Code and that is located within 1,000 feet of a private school. E. This subsection applies only to a permit or license holder under Texas Alcoholic Beverage Code Ann. Chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate. Subsection A of this section relating to a public or private school also applies to a day-care center and a child-care facility as those terms are defined by Texas Human Resources Code Ann. Section 42.002. 1. This subsection does not apply to a permit or license holder who sells alcoholic beverages if: a. The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or b. The permit or license holder and the day-care center or child- care facility are located in separated buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building. 2. This subsection does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Texas Human Resources Code Ann. Section 42.002. SECTION 6. Section 6.40.060 of the Georgetown Code of Ordinances (pertaining to "Waivers.") is amended as follows: Sec. 6.40.060. Waivers, A. The prohibition under Section 6.40.50(A) may be waived for a particular place of business by the City Council if the City Council determines that enforcement of the prohibition: 1. Is not in the best interest of the public; 2. Constitutes waste or inefficient use of land or other resources; 3. Creates an undue hardship on an applicant; 4. Does not serve its intended purposes; 5. Is not effective or necessary; or 6. Is not, for any reason the City Council, after consideration of the health, ORDINANCE NO. Q3 � 07 Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages Page 4 of 6 safety and welfare of the public and the equities of the situation, in the best interest of the community? B. Written consent to a waiver under this subsection filed with the City Secretary by each church, public or private school and public hospital within 300 feet from the applicant's proposed place of business may be considered by the City Council. SECTION 7. Section 6.40.065 is added to the Georgetown Code of Ordinances (pertaining to "Application of Distance Requirements to Subsequent Renewal Requests." as follows: Sec. 6.40.065. Application of Distance Requirements to Subsequent Renewal Requests. A. If the premises satisfies the requirements regarding distance from schools, churches, and other types of premises established in the Code or any other state law or local ordinance in effect at the time an original alcoholic beverage permit or license is granted, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit. B. The premises shall be deemed to satisfy the distance requirements on the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premise as if the issuance of the new original permit or license were a renewal of a previously held permit or license. C. Subsection B does not apply to the satisfaction of the distance requirement prescribed for a public school, except that on the death of a permit or license holder or a person having an interest in the permit or license subsection B does apply to the holder's surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license. D. Subsection A does not apply to the satisfaction of the distance requirement prescribed for a public school if the holder's permit or license has been suspended for a violation occurring after September 1, 1995 of any applicable state law provision listed in Texas Alcoholic Beverage Code Sec. 109.59(d). SECTION 8. Section 6.40.090 of the Georgetown Code of Ordinances (pertaining to "Park restrictions.") is amended as follows: Sec. 6.40.090. Park restrictions. It is unlawful for any person, firm, corporation, or business enterprise to sell ORDINANCE NO. A004 - 07 Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages Page 5 of 6 any alcoholic or intoxicating beverage in any city -owned or operated park without first obtaining an event permit pursuant to Chapter 12.24 of the Georgetown Municipal Code. SECTION 9. Section 6.40.100(A) of the Georgetown Code of Ordinances (pertaining to "Location of alcoholic beverage businesses.") is amended as follows: Sec. 6.40.100 Location of alcoholic beverage businesses. A. The location of an establishment that serves or sells alcoholic beverages shall be subject to the provisions of the Unified Development Code SECTION 10. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 11. This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas. PASSED AND APPROVED on First Reading on the 12th day of October, 2004. PASSED AND APPROVED on Second Reading on the 26thday of October, 2004. ATTEST: o� Sandra Lee City Secretary APPROVED AS TO FORM: 7 a 751aDE C6 Patricia E. Carls, City Attorney Brown & Carls, LLP ORDINANCE NO. � ? Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages Page 6 of 6 THE CITY OF GEORGETOWN: By: ary Nelon Mayor