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Home My WebLink AboutORD 1973-033 ORDINANCE NO. 73-33 AN ORDINANCE RELATING TO THE STORAGE, SALE, POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES; LEVYING A FEE ON ALL PARTIES LICENSED AND PERMITTED � UNDER THE TEYAS LIQUOR CONTROL ACT PURSUANT TO TEXAS PENAL CODE ANNOTATED, ARTICLE 66 7-10-1�2; '�.:. PROVIDING STANDARDS AND A PROCEDURE FOR THE OPERATION OF A HOLDER OF A MIXED BEVERAGE PERMIT TO OPERATE IN THE CITY OF GRAPEVINE; PROVI�R`1G A PROCEDURE FOR OBTAINING OF CERTIFICATE OF OCCUPANCY TO STORE, SELL, POSSESS OR SERVE ALCOHOLIC BEVERAGES; PROHIBITING THE STORAGE, SALE, POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF ANY CHURCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL; PROHIBITING SALE OF BEER FOR OFF PREMISES CONSUMPTION EXCEPT IN ORIGINAL PACKAGES; PROVIDING REQUIREMENTS FOR OBTAINING NECESSARY ZONING FOR THE STORING, SELLING, POSSESSING OR SERVING ANY ALCOHOLIC BEVERAGE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the City of Grapevine, Texas, is situated within the Justice Precinct Three (3) of Tarrant County, Texas; and WHEREAS, the voters of the precinct in an election held on the lOth day of July, 1973, voted in favor of the legal sale of beer for off premises consumption only and the legal sale of mixed beverages pursuant to rhe Texas Liquor Control Act; and ''" " WHEREAS, the Tarrant County Commissioners Court certified the � results of the elections on July 16, 1973; and WHEREAS, it is incumbent upon the City of Grapevine to exercise its police power in regulating the st�rage, sale, possession or serving of alcoholic beverages within the City Limits; and WHEREAS, it is the finding of the City Council that it is in the best interests of the health, safety, morals and general welfare of the citizens of Grapevine to limit the on premises retail consumption of alcoholic beverages to eating establishments; THEREFORE, AB(JVE PREMISES CfJNSIDERED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY' OF GRAPEVINE, TEXAS; �;.� �� SECTION 1. That the City Code c� the City of Grapevine is hereby amended by adding a new chapter, which said chapter shall be entitled "Regulati�ns and Fees for the Storage, Sale, Possession or serving of Alcoholic Beverages". SECTION 2. Fee Section: There is hereby levied pursuant to Texas Penal �ode Annotated, Article b67-14-I j2, the fallowirg schedule of fees for each party or entity holding a license or permi� under the Texas Liquor Control Act in accordance with the following fee schedule: (a} For each brewer's permit $5C�. OQ �,- . (b) For each distiller's permit 500. 00 (c} For each class "A" winery permit 25. OQ �v. � (d) For each rectifier's permit 500. OCl (e) For each wholesaler's permit 625, OQ (f) For each general Class B wholesaler's permit 104,00 (g) For each local Class B wholesaler'� permit 25. 0(} (h) For each bonded warehouse permit S0. 00 (i} For each wine �nd beer retailer's permit 1,5. 00 (j) For each wine bottler's pexmi� 75. 0(} (k) For each U. S, Bonded Liquor Export permit 375.00 (l.) For each mi.xed beverage permit: First through third years -0- Fourth and subsequent years 250. 00 (m} Far each manufact�rerTs licen�e: ( 1) Upon one establishment 250. 00 {2} The second establishment 5q0,00 (3) Upon the third, fourth and fifth establishmen� l,425. 04 �� (4) Upon each additional establish- ment in excess af five 2, 800, Ci0 '"°'"`' (n) For each general distributor's Iicense IQQ.OQ (o) For each local distributor's license 2S, 00 (p) For each branch distributor's license 25, �} (q) For each retail dealer's on premise license 12. 5Q (r) For each retail dealer's off premise license S. 00 SECTION 3. The fees reguired by this ardinance shall be paid in advance far one (I) year, SECTION 4. No individual or entity shall sell or serve alcoholic '°�` beverages for on premise consumption as holder of a mixed beverage permit ""� except in a restaurant, cafe, cafeteria or eating establishment. Res�aurant, cafe or eating establishment is herein defined as a a'� �� , *{ 4�� ..- ,rv <�� business whose gross sales�on an annual basis represents at least fifty per cent (50 j) of its total sales, The party or entity operating the business shall on an annual basis file with the City Secretary an affidavit showing gross receipts and sales of the business, The affidavit shall contain a breakdown between the gross sal�s of food and the gross sales of alcoholic beverages. The party or entity shall also file with the �i.ty Secretary an an annual basis Che gross receipts and figures furnished to the State of Texas for sales tax and aicoholic beverage tax purposes . �;, „ SECTION 5. Procedure for Obtaining of Certificate of Occupancy to store, se11, possess, or serve alcoholic beverages. A. Any person applying for a permit or license issued by the authority of the Texas Liquor Control Act, or a renewa� of such, perrnit or licen�e or to change the location of the place to business de�ignated in such permit or license, shall deliver to the City Secretary for fzling, one copy of the appropriate farms prescribed by the Alcoholic Beuerages Commission together with a scale �'Lrawing showing the proposed location in relatzan to streets, property lines, the nearest church, public school or public hospital. Such part� shall t,�,,.,� also provide his name, current address, addresses to the previous ten (10} years +�e=:� and a wri�ten statement as to the type and character of the propased business. Said statemen� shall contain an affidavit that the information is true and carrect. B. The City Secretary shall forward such informatian and statement to the City Official charged with the primary responsibility of enforcing the zoning laws for the City. The Zoning official 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 u�e or building. The Zoning official shali 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 �� zoned for the purpose applied for. If the applicant meets all the rec�uirements of the zoning ordinance, this ordinance, and ail. other applicable City of Grapevine ordinances, the City Secretary shall certify on the application fram the Alcoholic Bev�ra.ges Commission that the storage, sale, possession or serving of alcoholic beverages is not prohibited at the locatian of the applicant's place of business. If from the examination it appears tha� the applicant is disc�ualified under City of Grapevine ordinances, it shall be the duty of the City Atto�.4�ey to file objections to the issuance of the permit or license with the Alcoholic Beverages Commission or with the Caunty judge. SECTION b, No party or individual shall engage in the busines� of storing, selling, possession or serving of alcoholic beverages without first having paid to the City the fee or fees Ievied by this ordinance. It sha31 be the duty of the City Attorney to pe�ition the State Alcoholic Beverages Commission to cancel �he permit ar license of any party or entity who shal2 engage in such business without first having paid the fees levied by this ordinance. SECTION 7. Na 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 continui.ng in business by reason of the resuit of a local option election or an amendment of the zoning regulations of the Czty coneerning the property on which the plaee 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 place 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 praperty iines of the street frants and from front door to front door in a direct line across street intersections where they occur. �� SECTI4N 9, No party or entity shall engage in the business of � storing, selling, possessing or serving any alcoholzc beverage in the City unless the place of business of such person is located in the use distric� of the City, as es�ablished by present and fu�ure zoning reguiations 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 wi�h any provisions of this ordinance shall be fined upon conviction, not less than Qne Dollar ($1. 00) no more than Two Hundred Dollars ($200. 00) and each day any violation of non-comp2iance continues shall eonstitute a separate offense, SECTION I1. Tt is hereby declared to be the intention of the �ity Gouncil 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 af:fect any of the remaining phrases, clauses, sentences, paragraphs or sections ot 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 sectian, �- .. � .� SECTION 12. The fact that the present ordinanc�s and regulations of the City of Grapevine are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, creates an emergency far the immediate preservation af the public business, property, health, safety, and general welfare of the public which require� thaC this ordinan�e shall become effective from and after �he date of its passage �,�.,.a as provided by the Charter af the City of Grapevine and it is accordingly so ordained. �� PASSED AND APPRQVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this 3otl�day of August A.D. 1973. ; -_..�..,,. _.~-`�---_.__ ATTEST: . . �;,sv? ity eGretary ` APPRQVED AS TO FQRM: ..... ��y tt�rrney ,�., ,. ' �.:�