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
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Amending Code of Ordinances Chapter 6.40 Alcoholic Beverages
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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.
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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
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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,
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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
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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
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THE CITY OF GEORGETOWN:
By: ary Nelon
Mayor