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HomeMy WebLinkAboutORD 1985-007 ORDINANCE NO. 85--07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF GRAPEVINE, TEXAS, BY AMENDING CHAPTER 4 RELATING TO ALCOHOLIC BEVERAGES BY AMENDING SECTION 4-11 TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES ,p�,, WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL; PRO- VIDING FOR THE MEASUREMENT OF � DISTANCE; PROVIDING FOR VARIANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l . That Chapter 4 of the Code of Ordinances , City of Grapevine, Texas, relating to Alcoholic Beverages is hereby amended in the following particulars and all other existing Sections, Subsections , Paragraphs, Sentences , Definitions, Phrases, and Words of said City Code are not amended, but shall remain intact and are hereby ratified, verified, and affirmed: A. That Section 4-11 is amended to read as follows: � "Section 4-11 . Proximity to churches, public schools and � hospitals. (a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within 300 feet of any church, public school or public hospital. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and a 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 a public school 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 premises 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 place of business where alcoholic � beverages are sold 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 inter- ;�,,, sections . For any place of business which was legally licensed or permitted by the Texas Alcoholic Beverage Commission and the City of Grapevine on September l , 1983, and which business has been continuously in operation from that date, whether or not under the same license or permit, the measurement of the distance between the place of business and a public 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) The City Council may allow a variance to this section if it determines that the enforcement of the regulations in a particular instance is not in the best interests of the public, constitutes waste or inef- ficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council determines, after consideration of the ,� health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. No variance may be � granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet of the location of said business seeking a variance, to be measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections , such notice to be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered said property for City taxes as the ownership appears on the last approved city tax roll. " Section 2 . If any section, article, paragraph, sentence, clause, phrase, or word in this ordinance , or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the 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 3 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon t� conviction thereof shall be fined in a sum not to exceed Two � Hundred Dollars ($200 . 00) and a separate offense shall be deemed � committed upon each day during or on which a violation occurs or continues. Section 4 . The fact that the present ordinances and regu- lations of the City of Grapevine, Texas, are inadequate to pro- perly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, 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 shall 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 GRAPEVINE, TEXAS on this the 19th day of February, 1985 . APPROVED: W Mayo �,, ATTEST: City Secretar APPROVED AS TO FORM: City Attorn y � � � :�Yrw � WYrW