HomeMy WebLinkAboutORD 1981-062 ORDINANCE NO. 81-62
AN ORDINANCE OF THE CITY OF GRAPE-
VINE AMENDING THE CITY CODE CHAPTER
4 , RELATING TO ALCOHOLIC BEVERAGES ,
BY ADDING NEW SUBSECTION (F) TO SEC-
TION 4-6 TO PROVIDE A PROCEDURE FOR
,,� THE REVOCATION AND CANCELLATION OF
THE CERTIFICATE OF OCCUPANCY; PRO-
VIDING A SEVERABILITY CLAUSE; PRO-
� VIDING A PENALTY; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section l. That the City Code of the City of Grapevine,
Chapter 4 , relating to Alcoholic Beverages is hereby amended
to add a new Subsection (F) to Section 4-6, which Subsection
(F) shall read as follows :
"Section 4-6: (F) In addition to the penal sanc-
tions contained in this Code, any party or entity
that violates any section, subsection, or provision
of Chapter 4 of this Code shall be subject to having
their Certificate of Occupancy cancelled by the City
upon receipt of written notice from the City specify-
ing the violation. The notice requirement from the
City shall be satisfied by placing said notice in the
United States mail addressed to the last address pro-
vided the City by the entity or party that holds a
�' Certificate of Occupancy. The notice from the City
shall state that the Certificate of Occupancy shall
�, be cancelled unless the party or entity corrects the
violation within thirty (30) days of receipt of the
notice except as hereinafter set out. However, a
party or entity that submits an annual report pur-
suant to Section 4-5 that does not satisfy the 50°s
requirements relating to food sales shall have the
alternative of filing monthly reports for a period
of six (6) months. The monthly reports shall con-
tain the same information and be in the same form
as the annual reports , except that said monthly re-
ports shall reflect a cumulation of total sales for
the preceding twelve-month period reflected in the
annual report added to the monthly sales.
The party or entity submitting the monthly reports
shall be deemed to have satisfied the Section 4-5
requirements if the monthly reports on or before
the final sixth month reports filing show total
sales from food to be at least fifty (50�) percent
of total sales.
Failure to file the monthly reports or failure to
�'" satisfy the food sales requirements by the end of
the six (6) month period shall result in cancella-
tion of the Certificate of Occupancy without the
�,,,,,,' necessity of further notice. "
Section 2. Penalty. Any person violating any of the
provisions of this ordinance shall be deemed guilty of mis-
demeanor, and upon conviction thereof, shall be fined $1. 00
to $200. 00, and each day such violation continues shall con-
stitute a separate and distinct offense.
Section 3. Severability. If any part or portion of
this ordinance is held to be invalid or unconstitutional by
a court of competent jurisdiction, such holding shall in no-
wise affect or invalidate the remaining portions hereof not
so held invalid or unconstitutional.
Section 4. Emergency. The fact that no present ordi-
nances of the City of Grapevine, Texas, provide a procedure
�° for the revocation and cancellation of the Certificate of
Occupancy 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
as provided by law, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of September, 1981.
APPROVED:
�-;� . �'� � _f1�''�
Mayor
ATTEST:
��
�
City Secre
APPROVED AS TO FORM AND LEGALITY:
City Attorney
�
�