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HomeMy WebLinkAboutORD 2020-12 - Alcohol Sale License RequirementOrdinance No. Z0Z0 -1 Z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTER 6.40 OF THE CODE OF ORDINANCES RELATING TO THE SALE OF ALCOHOLIC BEVERAGES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, House Bill 1545, enacted by the Texas Legislature on May 24, 2019 and signed into law by the Governor on June 15, 2019, reauthorizes the Texas Alcoholic Beverage Commission ("TABC") for twelve years and changes the number and types of TABC licenses and permits, effective September 1, 2021; and WHEREAS, Section 11.38 of the Texas Alcoholic Beverage Code authorizes municipalities to levy and collect local fees not to exceed one-half the state fee for each permit issued for premises located with the city or town; and WHEREAS, municipalities that have adopted local fees pursuant to Section 11.38 of the Texas Alcoholic Beverage Code must update their ordinances and fees by September 2021 to conform with the new TABC permitting scheme established by House Bill 1545; and WHEREAS, the City of Georgetown (the "City") has previously established a local licensing scheme in order to levy and collect local fees pursuant to Section 11.38 of the Texas Alcoholic Beverage Code; and WHEREAS, the City Council reviewed and discussed amending Chapter 6.40 of the Code of Ordinances related to the sale of alcoholic beverages at the October 22, 2019 City Council meeting; and WHEREAS, the City has determined that a local licensing scheme is unnecessary to collect the local fee authorized by statute and an unnecessary regulatory burden on businesses operating within the city limits; and WHEREAS, the City has determined that additional amendments to the City's Alcohol Ordinance, codified as Chapter 6.40 of the Code of Ordinances, are necessary in order to comply with state law and to clarify the requirements governing alcohol sales within the city limits; and WHEREAS, the City Council finds it necessary to amend Chapter 6.40 of the Code of Ordinances as set out herein to comply with House Bill 1545, to eliminate the City's local licensing requirement, and to clarify the requirements governing alcohol sales within the city limits. Ordinance Number: 7-0 - i *Z- Page t of 2 Description: Chapter 6.40 Alcohol Sales Date Approved: i 11, 2020 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 hereof, as if copied verbatim. Section 2. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 3. Chapter 6.40 of the Code of Ordinances is amended as shown on Exhibit A. Section 4. All ordinances or resolutions that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. Any person, firm, or corporation found in violation of the provisions or terms of this ordinance shall constitute a misdemeanor subject to the penalties prescribed under Section 1.08.010 of the Code of Ordinances, as may be amended from time to time. Section 6. 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 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the City Charter of the City of Georgetown. 4-s , PASSED AND APPROVED on First Reading on the Wl of er, PASSED AND APPROVED on Second Reading on the of 2020. ATTEST: Robyn De smore, City Secretary APPROVED AS TO FORM: r Y—� THE CITY OF GEORGETOWN da."'(Z 0444.11 Dale Ross, Mayor Ordinance Number: ? d 7 p — ZZ Page 2 of 2 Description: Chapter 6.40 Alcohol Sales Date Approved: �� 2020 CHAPTER 6.40. - ALCOHOLIC BEVERAGES Sec. 6.40.010. - Definitions. A. Unless otherwise stated, a word or term used in this chapter shall have a meaning consistent with the Texas Alcoholic Beverage Code. B. "Place of business" means the location of the business where a permit or license for the sale of alcohol is sought, as identified in the application for the permit or license, including the grounds and all buildings, vehicles and appurtenances pertaining to the grounds, along with any adjacent premises if they are directly or indirectly under the control of the same person or entity. G— "�.�.d�-,�.,;�e-Texas-Alsahnlic.-Beverage-Gale- -DC. "Private school" means a private school, including a parochial school, that: Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and 2. Has more than 100 students enrolled and attending courses at a single location. Sec. 6.40.015. - Prohibiting beer and malt beverage sales in residential districts. It is unlawful for a person to sell beer or malt beverages in any residentially zoned district. Sec. 6.40.020. -Breese Local fee 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 first apply for a-4ceRse { f� �za,rthe required permit or license ram^"'ram Stateeaias--from the State of Texas and pay to the City the local fee authorized by the Texas Alcoholic Beverage Code and required by this section. ' f'i^^ an a�i�;,a Gn-w,��he Qty S9GF8taFY r icin 4ha-faf ,"nrihnd har ihrs .^'h.r Cr r RGO ' r���,g- rr=+--pr --�y--Rro--�r-.�retary--9 GOMPWSr�lFF��^'�r@VGA iS filed With the _ ' y Secretary. the Gil.r iGitkm3- rn. w44in t4RA u6mess days-of-f r- $i {�t:• J T'c B. I0 Iiso-auired-aFler thse ter�x�s gf##a+s sestier+sfxall be +ssuedD aey pe�ssa�e-si�sv�s-teat #a h.. 'Tmc v-'v-lial +a r ,aS- i,}f-{7C lirarncn or I e-par War-ci�tls- e11$C-��I-VFt-yaFW11 i 'F h& desirgs-to sendust-n-the-Qty a,^d ass the fea ;a q u . r e d by t h e Gty fer saki lir rage t�aS b@en-paid- The City shall levy and collect a fee for each place of business regkiirita"uG-h-aissued a permit or license by the State of Texas in an amount equal to one-half the permit or license fee charged by the State of Texas unless the permittee or licensee is exempt from the local fee pursuant to the Texas Alcoholic Beverage Code. The permittee or licensee shall pay to the City the local fee authorized by the Texas Alcoholic Beverage- Code and required by this section with each permit or license- or anv renewal of the same issued by the State of Texas. C. Any- f- iE rya„cwn�snr_k r nrinr khi �. ce nfirtr, mare ha rc irnLnA nr �i �+nnnrl�•rr}he-G# i f'`r�i �nnGf� eer-getowe-T-xas-upon-a. finding-of-a-vielat�r-�-Gf--��n,� epplisab p rveCi"n of ftis-chapter-Gr-the Cede. + D The-lo4der-&-of-She-f4oll4Dwing-i?e i4-w-4iG�$State of Texas p r-s A e 4�ode are exe-Jrnpt-4r0m_the feefec}uira� key t#is seEtie� 1—Agents airline beverage -passenger- r i+�-beverage-i sf ini sarr r vote sa fer-s prauate slab regist�aticrp-local nrGaFt e stc ge ar #ar po�axy-wine rid f er ratailer s permit s. Aix'fF1E Fld 32eF••Fe{Yi�1 -irnor�mm�F cci Qr a diAj Rg b Uffet OF A H..- 3:---A-mixed-beverage-pe►'mit-dur€ng-the--4hhr++ee.-year-period following the-issuance--af-the--permii, ",Rd 4: Adem- pGrar-y-or-agent's-beerlicense F It is unlawful for an applicant to sell an alcoholic beverage without first Obtaining and paying fert#e lieensethe local fee required under this section. Any person who violates a provision of this section, upon conviction thereof, shall be fined not less than $10.00 and not more than $200.00 per offense. Any person who shall aid, abet or assist in a violation of any provision of this chapter shall be fined not less than $10.00 and not more than $200.00 per offense. Each day a violation occurs shall be considered a separate offense. (See also Section 1.08.010 of this code.) Sec. 6.40.030. - D-Wa+;,,,, of lie^ lir-PAI;P rL.-.II b,, „r+eY.., �a.,-.+h,.. e a Reserved Any ,,.d ., .J .,� �1. jy---�r�,_3iBt S,o 4,-a,��fera4,1.-.., r. F,i., �, .,* r.gr� •�'� '�- +�'�'� . Reserved Sec. 6.40.050. - Minimum distance requirements. A. Unless_ otherwise permitted by the Texas Alcoholic Beverage Code, W 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. 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 new,esi 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. 3. As to anv 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 Section 109-33 was in effect on that date, the measurement of the distance between the place of business of the deafer and a rwblic or private school shall be alonq the property lines of the street fronts and from front door to front door, and in direct line across intersections. EN 4_ As to any permit or license holder under Chapter 25 28 32 59 or 74 of the Texas Alcoholic Bevera a Code who does not hold a food and beverage certificate the provisions of this section relatingto o a public school also apply to a day-care center and a child-care facility as those terms are defined by- Section 42.002 of the Texas Human Resources Code. Unless otherwise permitted by the Texas Alcoholic Beverage Code, ilt 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 tbe sQrnm ssioners-sour#-or the City Council receives a request from the board of trustees of a school district under Section 38.007 of the i c=xas. Education Code or a request from the governing body of the private school. 1. In all cases tT-he measurement of the distance under this subsection between t e--place-d busif+ess-where-alceholir-beverage&-are-sold-and--the-puWb c-or pFivate-�he -shall e4rem the door by ,. h6 .�ubliG-man enter4h"aGe-G€-tA-�aPA4he4 re&4rGpeF y4- ne-Gf tfie peblir-e�prfvata r k�oal ensured alarlg str e iand4*ecA�Gfess4n.teF6eGtiGnsshalI be in a direct line from the property line of the public or private school to the nearest Propert. 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 p#ace of business, i_n_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. 2. The provisions of this subsection do not apply to a day-care center or a child-care facility as those terms are defined bv Section 42.002 of the Texas Human Resources Code. 2-, Af+y-dealer-whG4ie s -a lid en a or pm44e-State-of Texrn can+or~,har , QQ, ins kw,a4or-whefe-a-4-e,piatl9"nrla� rverrTexa&At �IiG-BevEfage-Gode-Afa"ctloR n4�w o�ver# qn 4,995 -- in effert on that date the mealuremep-t A-f the rlictanra he#wBen tile plan mess, he-dealef-and a_. niihfin or pFlyate enhool shall he alo-- th�P .7., 1"�r F' f thA �ratc,�r 7-hl�r�yi{3rit_rionr ir. front door, and in rFirnnt fi � � roar A- li ta#e h as-tsser�se or�+'er+ i�'P whe ise h Ids a food and bev"e Ge j4oate--.GYe4ng-a premises t ast--is-located-within-300-feet-of-a-private-school;-W 2 Ay;4' l Cate Pf To,.ac !'1it Covering a premise where hBrB-3�71HD�S--:�re�3r'8h1�1f8�i-ffBfi� e�l#er+�-s�ndeFSestior�08-53-oi tl���e-afa-�-is-lv5a+�; ,i+hi�t$f�-pfivate�cael- D. Subs n R. of thir, scactmnn-daeS not apply +n h s-4r1enaiger�lf- 41 c- 'if less than--5&-percent-#he gfes&+eseipts for the proy4es--is-€rom-4he sale-Gf—f +roe-G# alsshalir, beveragesi 2- Au&Nd a+ate of re --a rat-i! G#•ises soes+�llra�n, t m°t OF liner se i# less than pere+#--ofAhe gf�ass r eipts for�#ie prerx�ises-e�cslading.-the sale-cif-i#amps-sub}est-to4he-State of s-rnoto�fuel ta*H from the sale or 6ervoGe Gf a olis--b&v&Fages 3- A a+,+e rc Texas wheleealeFV,-distrbutG-hfawefs-fliotiller's and reGtificr'e Winpr one F•nf+lQr'a r. i-a1iGGR6e. OF nvrmi"eld by a w o4e ale m rn ar.far•t. rer ar. ►a, r�IF�2FiljFklSe��F�$#f1E�BF6t8Bf�-iff-tk19-G'9�E; T. a°T valid -cat-aSe_rucc of TeTex 6- I Geen eor t-;—, OP-4,;nn_nn..the .nromice$ of a PriVa+c. nr fool �F 5. A-valid-Stare_f-Texas licence OF Permit GOVerin cac wheree m,�c�ryroh"ted from eNeriAg-under SeGt=o 1-09.63 f+hn r� d-tbaWs4ocated-wi#hil;-1;0At] feet -of a private sshGGa ;= This b6e4Airo.n--map ies nphe to a permit nr license hold ader--T L1 ge Code ❑nn f haPte,,r�, '7��C,..,,.,28 7 32 69 r A .-..-} whneas Pat old a#�� d�age re4ifiGate & �b6-s�9A-A �i�6eGt an ralatig4o a-p wb r--p4yaWto, sGi4e 1 ppIie6 to a day Cafe renter-a44--a-Ghlld-Far4a. #aG4R-Y-a"t4ose4efm6-arm Ann Seotien-42:042-. Thjs-w#isyes-not appfy--twit--err lisense-holder-whe-setts-alsehnl s-bevefages,4 ag The per or-lioense-l-older-and-the--day-rare-sente�or-child-rare-faoil4y.are located-Gn-di#er$nt e tnries of,a�$�ir b. T- mar rws�or n ise f�aldef aJ ad-tl a fiery -sari cyenter�r�Ywilfi—saga #asifited builchng"nd emi ercrtmg perea+tseW-saw is located on,.kh«_ce^nnri ctnr.i nr hir.lrynr of a rr,I4in}...err. hrilriipn _. T }Itr Sili Gtifl, r very rvc ayF ]FtB pStBF- r(31 F� �A:z' # F}iiy i43FW9 f c} fjF �FArW$ �9RC�y nr�r up4;orne OF anenrtr home asi-i ose terf}i$-ar"efir orJ h.. T^vne. LL;���ncae l'nrl ez..❑nn 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: 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 for a State license or permit; 4. Does not serve its intended purposes; 5. Is not effective or necessary; or 6. Is not; k asonthe Gi#y�e�+lasil-a# oo siceratia+a�f-tf�e hea6tk sa#mot � weffa�e of the- win _and the. equities of the situation. in the best interest of the communityafter consideration of the health, safety and welfare of the oubiic and the eauities of the situation. B. Writter-�-fionsent-tflWhen considering a waiver under this subsection, the City Council may consider any written statements 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 business4Tvay--b"ensider" the-Qty-£ounGiI . Sec. 6.40.065. - Application of distance requirements to subsequent renewal requests. A. If the preen s.©place of business satisfies the requirements regarding distance from schools, churches, and other types of premises established in the Texas Alcoholic Beverage Code or any other state law or local ordinance in effect at the time an original alcoholic beverage permit or license is granted, the prernises-place of business shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit. B. The premr ses-place of business 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 pfem4e- lace of business as if the issuance of the new original permit or license were a renewal of a previously held perm; itF,o, r license. C . I ,{nri 12-rinse not ap ly to thesycwtt3 otion-of4he-distance-a--p��+�, sFi eGl.—avr���zhat on thrrv-arr♦�er}it-o`f-c{-tc er{flit- r-Ii�i.@r'1�'+ ��eF$r-C�-pecrovnn }�a�l Rt@rest--in4he nppv+rrr"rrrt- r-I{ r+6@ 6ki1369Et19f}� f�9eF�i�i�fy to t lB 17E31 i-s wf�141Fif -$ 3f3i}ocs-vi-an'ld ofra �tr,hn_h�r i9FS6R + t 1B Sj3ofiri&�6F 6 wild-gw;ldiF468- ;7---c7UbSOGtian--A-:-d s W-apI•y4G4he_sFat•icfnntir.n._rtf.}hn.rls�}.�nno raryEir�m�n4 nrc.�nrihc.ri nr n ��irtV j;&4nn 44hr4se-has-beer;-saspeAded-fGF aYiela#GR--eGPrrsnq--after Septomber 1, 19 of a applicalale Male o4ic-Beverage-C,�s--5e� Sec. 6.40.070. - Hours of sale —Mixed beverages, wine and beer retailers —Beer -or malt beverages. A. The holder of a valid State of Texas mixed beverage permit may sell and offer for sale mixed beverages between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday, he or she may sell mixed beverages between 12:00 a.m. and 1:00 a.m. and between 10:00 a.m. and 12:00 a.m. midnight, except that an alcoholic beverage served to a customer between 10:00 a.m. and 12:00 p.m. noon on Sunday must be provided during the service of food to the customer. It is unlawful for a person to sell or offer for sale mixed beverages at a time not permitted by this subsection. B. The holder of a valid State of Texas wine and beer retailer's off -premises permit or a wine and beer retailer's permit may sell and deliver alcoholic beverages between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday, he or she may sell between 12:00 a.m. midnight and 1:00 a.m. and between 12:00 p.m. noon and 12:00 a.m. midnight-,,-v n} State of TexaserFttee� and 1ic;ensees aa#l�e► ed to-sell-#er tin -premises sonsurr�p#ior�may sel�l3et{+veer� 40-04�a d 12= p.mnoon if }ha__bee,a .r�r1 1.. .� �e-}r.mor rlLirrnn kho easr4? nn of food to the u -sterner. It is unlawful for a person to sell or deliver alcoholic beverages under a wine and beer retailer's�permit at a time not permitted by this subsection. C. The holder of a valid state of Texas license or permit may sell, offer for sale or deliver beer or malt beverages between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday he or she may sell beer or malt beverages between 12:00 a.m. midnight and 1:00 a.m. and between 12:00 p.m. noon and 12:00 a.m. midnight, except that State of Texas permittees and licensees authorized to sell for on -premises consumption may sell beer or malt beverages between 10:00 a.m. and 12:00 p.m. noon if the beer or malt beverage is served to a customer during the service of food to the customer. It is unlawful for a person to sell, offer for sale or deliver beer or rnait beverages at a time not permitted by this subsection. 1. D. The City does not adopt the late hours permits or licenses allowed by the siexas Alcoholic Beveraac a Code. Sec. 6.40.080. - Hours of consumption. A. A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sundays between 1:15 a.m. and 12:00 p.m. noon and on any other days between 12:15 a.m. and 7:00 a.m. B. An offense under this section is a misdemeanor punishable by a fine of not more than $50.00. (See also Section 1.08.010 of this Code.) Sec. 6.40.090. - Park restrictions. It is unlawful for any person, firm, corporation, or business enterprise to sell 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. 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. B. Each establishment that derives 75 percent or more of the establishment's gross revenue from the on -premises sale of alcoholic beverages shall comply with all of the State of Texas and City of Georgetown, Texas, sign requirements, including all requirements in the zoning ordinance, as it may be amended from time to time. Sec. 6.40.110. - Severability. If any provision, section, sentence, clause, or phrase of this chapter, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or unenforceable, the validity of the remaining portions of this chapter or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Georgetown in adopting, and of the Mayor in approving this chapter, that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation.