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HomeMy WebLinkAboutItem 02 - AM13-06 Alcoholic BeveragesMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION 6 P FROM: BRUNO RUMBELOW, CITY MANAGER _ SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR SUBJECT: AM13-06-1 M • SECTION 42, SUPPLEMENTARY DISTRICT REGULATIONS OF THE ZONING ORDINANCE AND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES RELATIVE TO THE WINE AND BEER RETAILER'S PERMIT (BG PERMIT) I JV City Council and the Planning and Zoning Commission to consider an amendment t# Section 42, Supplementary District Regulations of the zoning ordinance, and to Chapter 4, Alcoholic Beverages of the Code of Ordinances relative to the Wine and Beer Retailer's Permit (BG permit), and take any necessary action. The City's Local Option Elections in 1973 and 1•• 3 relative to the sale and consumption of alcoholic beverages currently allows: • The legal sale • beer and/or wine for off-premise consumption • The legal sale of beer, wine, and mixed beverages for on-premise consumption 11111111' c 111p 111111111 • 0=1 W -11 FA-10"947M De'SUtayeS UT-fiTTOMIG • 191ruiriancu5 also requires noiaersOTa mixecl Beverage permit • private club permit to have at least fifty (50) percent of their gross sales derived from food. R:\ AGENDA \2013 \12- 17- 13\AM13- 06.4.doc 12/12/2013 3:08:23 PM requires the holder of a BG permit that operates within a restaurant to meet the regulations that are currently in place for on-premise alcohol beverage consumption. Besides Ms. Puente, Gary Farina • Farina's Winery and several other restaurant operators have inquired about pursuing this permit. In addition, the city attorney has confirmed with TABC that holders of the BG permit can utilize the word "winery" or any of its derivatives in /rs RAAGENM2013\1 2-17-13\AM 1 3-06.4.doc K 12/12/2013 3:08:23 PM B. SALE OF ALCOHOLIC BEVERAGES: 1. Notwithstanding any other provision of this Ordinance the storage, possession, sale, serving, or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements: DEFINITIONS: For the purpose of this Ordinance, the following words and phrases shall have the meanings ascribed to them as follows: (a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more than one -half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (b) RESTAURANT shall mean a restaurant or eating establishment whose gross sales in Grapevine from food on an annual basis at the location represent at least fifty (50) percent of total sales with a Conditional Use as set out in Section 48. 2. The storage, possession, sale or serving of alcoholic beverages by any party for either on- premise or off - premise consumption, shall be illegal unless on property zoned specifically for that purpose as a Conditional Use in accordance with and pursuant to Section 48 of this Ordinance. 3. With the exception of wineries and wine tasting rooms, no party shall sell or serve alcoholic beverages for on- premise consumption as the holder of a duly issued Texas Alcohol Beverage Commission permit allowing on- premise consumption except in a restaurant or on the premises of an entity whose principal business is transporting of the general public and is operating pursuant to a certificate of public convenience and necessity issued by a federal or state regulatory body with a Conditional Use Permit in accordance with and pursuant to Section 48. 4. The party or entity operating a restaurant or private club that permits the sale of alcoholic beverages for on- premise consumption shall on an annual basis, no later than the thirtieth day of the month following each twelve (12) months of operation, file with the City Secretary an affidavit, on an officially approved form provided by the City Secretary, that reflects gross sales for the preceding twelve (12) months breaking down the sales of food, alcoholic beverages and other items. The party shall also file on an annual basis; at the same time the affidavit is filed, a copy of the filing supplied to the State of Texas for sales tax and alcoholic beverage tax purposes. 5. The holder of a permit which allows for the sale of beer and /or wine only, shall not be permitted to offer any alcoholic beverages other than beer and /or wine on the subject property through any method, including but not limited to, catering. 6. Any party or entity within the "GV" Grapevine Vintage District or "CBD" Central Business District holding a State of Texas Alcohol Beverage Commission permit allowing for the off- premise consumption of wine shall be required to offer for sale, on the premises, wine by the bottle or case for purchase. 7. A Certificate of Occupancy shall be issued by the City's Building Inspection Department at such time as the party complies with all aspects of this Zoning Ordinance and all other applicable Ordinances. No Certificate of Occupancy may be assigned or transferred and same is valid only as to the recipient. No party may operate a restaurant or private club that is zoned pursuant to Section 42.8 and 49 of this Ordinance without a valid and current Certificate of Occupancy. Sec. 4-5. On and off premise alcohol beverage consumption Mixed beverage and e d)yp c: �. -.;tee - No individual or entity shall sell or serve alcoholic beverages for on- premises or off - premises consumption as holder of a duly issued Texas Alcohol Beverage Commission permit allowing on- premise consumption m. nixed beverage .,or,,,l+ sepaFately or holder of a mixed beyeFage permit and a brew pub peFmi , except in a restaurant, cafe, cafeteria or eating establishment or on the premises of an individual or entity whose principal business is transporting of the general public and is operating pursuant to a certificate of public convenience and necessity issued by a federal or state regulatory body. "Restaurant, cafe, cafeteria or eating establishment" is herein defined as a business whose gross sales from food on an annual basis represent at least 50 percent of its total sales. All holders of private club permits shall conduct their business in a manner that produces gross revenues on an annual basis from the sale of food that at least equals the gross revenues produced from the serving of alcoholic beverages. This paragraph shall not apply to any fraternal and veterans organizations legally operating as the holder of a private club permit prior to the effective date of Ordinance No. 85 -32 and shall not apply to the Benevolent and Protective Order of Elks Lodge No. 2483 operating or intending to operate a private club located or to be located at 224 North Main Street, Grapevine, Texas, providing that the Benevolent and Protective Order of Elks Lodge No. 2483 shall obtain all necessary permits required to operate such a private club and that the operation of such private club has commenced on or before October 18, 1986. 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 food sales of food and the gross sales of alcoholic beverages. The party or entity shall also file with the city secretary on an annual basis, the gross receipts and figures furnished to the state for sales tax and alcoholic beverage tax purposes. This provision applies to both restaurant, cafe, cafeteria or eating establishment and to permittee of a federal or state agency. O:ZCU /AM 13 -06 /Chapter 4 Magulff ROMM10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL • THE CITY0M GRAPEVINE, TEXAS: I Section 1 That the Grapevine Code of Ordinances, Chapter 4 Alcohol Beverages, is hereby amended in the following particulars, and all other section subsections, paragraphs, definitions, words and phrases • said Chapter are not amend but are hereby ratified, verified and affirmed: I A. That Chapter 4 Alcoholic Beverages is hereby amended by amending Section 4-5 to read as follows: "Restaurant, cafe, cafeteria or eating establishment" is herein defined as a �,usiness whose gross sales from food on an annual basis represent at least K percent of its total sales. M All holders • private club permits shall conduct their business in a mann- •d - gross revenues on an annual basis from the sale • food that at least equals the gross revenues produced from the serving of alcoholic beverages. This paragraph shall not apply to any fraternal and veterans Section 2. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City • Grapevine, Texas, same being also known as Appendix "D" • the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases • said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 42, Supplementary District Regulations is hereby amended by adding subsection B.3. to read as follows: That Section 42, Supplementary District Regulations is hereby amended by adding new subsections B.5. and B.6. to read as follows and renumbering the remainder of the subsection: 't5. The holder • a permit which allows for the sale • beer and/or wine only, shall not be permitted to offer any alcoholic beverage other than beer and/or wine on the subject property through any method, including but not limited to, catering. ORD. O. 2 • Any party or entity within the "GV" Grapevine Vintage District or Central Business District holding a State of Texas Alcohol Beverage Commission permit allowing for the off-premise consumption of wine shall be required to offer for sale, • the premises, wine by the bottle or case for purchase." Section 3. That any person violating any of the provisions of this ordinance sh be deemed guilty • a misdemeanor and upon conviction thereof shall be fined in a su not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deem committed upon each day during • • which a violation occurs or continues. I PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY •1 GRAPEVINE, TEXAS • this the 17th day • December, 2013. FWAI a a ORD. NO. 3 ,',,a 0 11 "