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HomeMy WebLinkAboutORD 1973-031 ORDLNANCE NO. 73-31 AN ORDINANCE REGULATING AND GOVERNING THE STORAGE, SALE, POSSESSION, OR SERVING OF ALCOHOLIC BEVERAGES WITHIN THE CORPORATE LIMI�S OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING FOR SUCH USES TO BE � PERMITTED ONLY ON PROPERTY ZONED WITHIN THE CITY �;Y;� CODE OF GRAPEVINE, TEXAS, TITLE 10, CHAPTER 12, SAME BEING THE "SP" SPECIFIC USE PERMIT DISTRICT; ADDING SUCH USES TO THE USE SCHEDULE IN THE CITY CODE OF GRAPEVINE, TEXAS, TITLE 10, CHAPTER 12, SECTION 4; ADDING TO THE SPECIFIC USE SCHEDULE, TITLE 10, CHAPTER 12, SECTION 4, ANY USE OR USES NOT PROHIBITED BY THE ZONING ORDINANCE; PROVIDING A PROCEDURE FOR THE OWNERS OF NEWLY ANNEXED PROPERTY TO MAKE APPLICATION; EXEMPTING FROM . - THIS ORDINANCE CERTAIN SPECIFIED USES AND UNDER � CERTAIN SPECIFIED CONDITIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY, - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION l. Not withstanding any provision of any ordinance ar any City Code provision currently in effect in the City of Grapevine, Texas, the storage, sale, possession or serving of any alcoholic beverages, when �,. :, ' permitted by the laws of the State of Texas, shall be regulated and governed � � as provided herein. SECTION 2« The storage, posses�ion, sale or �erving of alcoholic beverages by anyone fax consumption by anyone either on or off the premises shal.l be illegal unless an property zoned specifically for that purpose within the City Code of Grapevine, Te�as, Title I0, Chapter 12, same being the "SPT' Specific Use Permit District of the �omprehensive Zoning Ordi,nance. �- SECTION 3, The Gity Code of Grapevine, Te�as, Title 7.0, Chapter 12, Section 4 is hereby amended by adding there�o a use which Shall be entitled "St�rag�, Sale, Possession or Serving of Alcoholic Beverages"� SECTION 4. The City Cade of Grapevine, Texas, Title 10, Chapter 12, Section 4 is hereby amended by adding thereto the following use category: "Any use or uses not prohibited by the Zoni.ng Ordinance or other ordinances of the City may be authorized �n a "SP" Specific Use Permit District. " SE�TION 5, Upon any property being finally annexed in�o the City of Grapevine, Te,�as, if the owner, or lessee or occupant, of property is at that time legally storing, selling, possessing or serving alcohoiic beverages, the � said owner, lessee or occupant of the property shall have ten (10) days from dat� of final annexation to file an application for a change in zoning pursuant to this ordinance. During the time the zoning case is being prr.�essed, the owner, lessee or occupant, shall be permitted ta operate provided the requ�st for zoning is being diligently pursued, If the case is denied or if a peri.od of time greater xhan fifty (50) days from the date of filing the case elapses the owner, lessee or occupant shall immediately cease storing, selling, possessing, or serving of alcoholic beverage s, SECTION 6, This ordinanGe shall not apply when the storage or �,. , serving of al.cohalic beverages is strictly for the consumption of the owners or �., ,, occupants of the premises and xheir gue�ts at no charge. SECTION 7. Any person violating or failing to comply with any provisions of this ordinance shall be fined upon conviction, not less than Qne Dollar ($l. 00} nor more than Two Hundred Dollar� ($2�0. 00) and each day any violation of non� compliance continues shall con�titute a separate offense, SECTICIN 8. It is hereby declared to be the intention af the City Council of the City or Grapevine tha� the sections, paragraphs, sentences, clauses, and phrases of thi� cr dinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, such unconstitutic�nality or invalidity shall not affect any of the remaining phrases, �r� clauses, sentences, paragraphs or sectians of this ordinance, since the same woul.d have been enac�ed by the City Council without the incarporation in this ordinance of any such unconstitutional or invalid phrases, clause, sentence, paragraph or section, SECTI4N 9. The fact that the present zoning ordinance and regulation� of the Ci�y af Grapevine are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the Ciry of Grapevine, creates an emergency for the immediate preservation af 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 the Charter of the City of Grapevine and it is accordingly so ordai.ned. PASSED AND APPROVED BY THE GITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this ���, day of August A.D, i973. Y R ATTEST: �.,_ r � � � 'ez ity ecretary OVED AS TO F M: �,;.:��:<.;q � ity ttorney �..,,.�