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Home My WebLink AboutORD 1974-016 ORDINA NCE N0 . 74-16 AN ORDINANCE AMENDING ORDINANCE N0 . 73-33 AND CITY CO�E TITLE 4, CH. 15, SECTION 7; PASSED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ON AUGUST 2B, 1973, AND PROVIDING: "AN �."°" ORDINANCE RELATING TO THE STORAGE, SALE, POSSESSION OR SERVING OF � ALCOHOLIC BEVERAGES; LEVYING A FEE ON ALL PARTIES LICENSED AND PERMITTED UNDER THE TEXAS LIQUOR CONTROL ACT PURSUANT TO TEXAS PENAL CODE ANNOTATED, ARTICLE 667-10-%; PROVIDING STANOARDS AND A PFiOCE�URE FOR �HE OPERATION OF A HOLOER OF A MIXED BEVERAGE PERMIT TO OPEFiATE IN THE CITY OF GRAPEVIf�E, PROVIDING A PROCEOURE FOR OBTAINING A CERTIFICATE DF OCCUPANCY TO STORE, SELL, POSSESS OR SERVE ALCOHOLIC BEVERAGES; PROHIBITING THE STORAGE, SALE, ' POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF ANY CHUFiCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL; PROHIBITING SALE OF BEER FDR OFF PREMISES CONSUMPTION EXCEPT IN ORIGINAL PACKAGES; PROVIDING REQUIREMENTS FOR OBTAINING NECESSARY ZONING FOR THE � STORING, SELLING, POSSESSING OR SERVING ANY ALCOHOLIC BEVERAGE; � PROVINING A PENALTY ; PROVIDING A SEVERABILITY CLAUSE; A�ND DECLARING AN EMERGENCY . "; BY AMENDING SECTION 4 OF SAID ORDINANCE TO FiEQUIRE THAT THE DEFINITIO N OF A RESTAURANT, CAFE, OFi EATING ESTABLIBHMENT IS A BUSINESS WHOSE GROSS SALES FROM THE SALE OF F000 ON AN ANNUAL BASTS REPRESENTS AT LEAST FIFTY PER CENT [50%) OF ITS TOTAL SALES OF SAID BUSINESS; PROVIDING A PENALTY ; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY . �""M. I � THEREFORE, ABOVE PREMISES CONSIDERED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: � r �..,. SECTION l. That the City Code � the City of Grapevine is here y amended by adding a new chapter, which said chapter shall be entitled "Regulatians and Fees for the Storage, Sale, Possession or serving o� Alcoholic Beverages", SECTION 2. Fee Section: There is hereby levied pursuant to Texas Penal Code Annotated, Article 667-10-1�2, the followirg schedule of fees for each part� or entity holding a license or permit under,the Texas Liquor Control Act in accordance with the following fee schedule: (a) For each brewer's permit $500. 00 �� (b) For each distiller's permit 500. 00 (c) For each class "A" winery permit 25. 00 (d) For each rectifier's permit 500. 00 (e) For each wholesaler's permit 625. 00 (fl For each general Class B wholesaler's permit 100. 00 (g) For each local Class B wholesaler's permit 25. 00 (h) For each bonded warehouse permit 50. 00 (i) For each wine and beer retailer's permit 15. 00 (j) For each wine bottler's permit 75, 00 (k) For each U. S. Bonded Liquor Export permit . 375, 00 (1) For each mixed beverage permit: First through third years -�- Fourth and subsequent years 250. 00 (m) For each manufacturer's license: ( �.) Upon one establishment 250. 00 (2) The second establishment 500.00 (3) Upon the third, fourth and fifth establishment 1, 425. 00 "�� (4) Upon each additional establish- • ment in excess of five 2, 800. 00 (n) For each general distributor's license 100. 00 (o) For each local distributor's license 25. 00 (p) For each branch distributor's license 25. 00 (q) For each retail dealer's on premise license 12, 50 (r) For each retail dealer's off premise license 5. 00 SECTION 3. The f ees required by this ordinance shall be paid in advance �or one [1 ) year. SECTION 4. No individual or entity shall sell or serve alco- holic beverages for on premise consumption as holder o� a mixed beverage permit except in a restaUrant, cafe , caf eteria or eating establishment is herein de�ined as a business whose gross sales from �''" the sale of food on an annual basis represents at least fif ty per cent [50%] of its totel sales. The party or entity operating the business shall on an annual basis �ile with the City Secretary an a�fidevit showing gross receipts and sales of the business. The af�idavit shall contain a breakdown between the gross sales o� �ood and the gross sales of alcoholic beverages. The party or entity shall also file wi-th the City Secretary on an annual basis the gross receipts and figures furnisl-ied to the State o� Texas �or sales tax and alcol-iolic beverage tax purposes. SECTION 5. Procedure for Obtaining of Certificate oF Occupancy ,�,_.� to store, sell , possess, or serve alconolic beverages. A. Any person applying �or a permit or license issued by the authority of the Texas Liquor Control Ac-t, or a renewal of such, permit or license or to change the location of the �lace to business designated in such permit or license, shall deliver to the City Secretary �or filing, one copy of' the appropriate forms prescribed by the Alcoholic Bevet;ages Commission together with a scale drawing showing the proposed location in relation to streets, property lines, the nearest church, public school or public hospital. Such party shall also provide his name, current address, addresses to the pre- vious ten [10] years and a writteh statement as to the type and character of' the proposed business. Said statement shall contain an aF�idavit that the information is true and correct. ��: B. The City Secretary shall forward such information and stat- � ment to the City OF�icial charged with the promary responsibility of en�orcing the zoning laws �or the City. The Zoning o�ficial shall determine the use district in which the business is located, the type and character of the proposed business , the distance to the nearest church, public school and public hospital and any deficienc��s in . the praposed use or building. The Zoning official shall then forward his findings back to the City Secretary. C, The City Secretary, after conferring with the City Attorney, shall determine whether the applicant's place of business is located in an area a§ zoned for the puz-pose applied for, If the applicant meets all the requirements of the zoning ordinance, this ordinance, and all other applicable City of Grapevine ordinances, the City Secretary shall certify on the application from the Alcoholic Beverages Commission that the storage, sale, possession or serving of alcoholic beverages is not prohibited at the location of the applicant's place of business, If from the examination it appears that the applicant is disqualified under City of Grapevine ordinances, it shall be the duty of the City Attoxfiey to file objections to the issuance of the permit or license with the Alcoholic � .;. Beverages Commission or with the County Judge. �..� SECTION 6. No party or individual shall engage in the business of storing, selling, possession or serving of alcoholic beverages without first having paid to the City the fee or fees levied by this ordinance, It shall be the duty of the City Attorney to petition the State Alcoholic Beverages Commission to cancel the permit or license of any party or entity who shall engage in such business without first having paid the fees levied by this ordinance. SECTION 7. No refund of a fee paid the City under the terms of this ordinance shall be made for any reason except when the permittee or licensee is prevented from continuing in business by reason of the result of a local option �� . election or an amendment of the zoning regulations of the City concerning the property on which the place of business is situated. SECTION 8. No party or entity shall sell or engage in the business of storing, selling, possessing or serving any alcoholic beverage where the �ace # of business of such person is situated or is located within 300 feet of any church, public school or public hospital, the measurements to be along the property lines of the street fronts and from front door to front door in a direct line across street intersections where they occur. �` i SECTION 9. No party or entity shall engage in the business of �"` �' storing, selling, possessing or serving any alcoholic beverage in the City unless the place of business of such person is located in the use district of the City, as established by present and future zoning regulations of the City, in which the storing, selling, possessing or serving of such alcoholic beverage i s permitted, SECTION 10. Any person violating or failing to comply with any provisions of this ordinance sl-iall be fined upon conviction, not less than One Dollar ($l. 00) no more than Two Hundred Dollars ($200. 00) and each day any violation of non-compliance continues shall constitute a separate offense. SECTION 11, It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrases, clause, sentence, paragraph or section. ,��.,� . SECTION 12. The fact that the present ordinances and regulations � . of the City of Grapevine are inadequate to praperly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, creates an emergnecy for the immediate preservation o� the public business� property, health, safety, and general welf are of the public which requires that this ordinance shall become e��ective �rom and af ter the date of its passage as provided by the Charter � o� t�e City o� Grapevine and it is accordingly so ordained. �r PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS, this the � day o� A .D. 1974. �. MAYOR ATTEST: TY SECRETARY � APPROVED AS TO FORM: � . ,7r�� CITY ATTORNEY � �