HomeMy WebLinkAboutItem 06 - AM14-06MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMEBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JANUARY 20, 2015
SUBJECT: ZONING ORDINANCE AMENDMENTS AM14-06—AMENDMENTS
TO SECTION 23A, "GV" GRAPEVINE VINTAGE DISTRICT AND
SECTION 42, SUPPLEMENTARY DISTRICT REGULATIONS
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission and City Council consider the
amendments to Section 23A, "GV" Grapevine Vintage District and Section 42,
Supplementary District Regulations and take any necessary action.
Section 23A, "GV" Grapevine Vintage District:
Several workshops have been held in 2014 specifically addressing the Grapevine Vintage
District with the end result being major modifications to the district regulations that were
approved at the August 19, 2014 meeting. During the public hearing, it was suggested that
further work may be necessary on the district. At an October 21, 2014 Commission
workshop, Section 23A, "GV" Grapevine Vintage District was again discussed with specific
attention focused on uses allowed within the district. The Commission recommended
adding breweries and distilleries to the list of conditional uses within the district. Attached is
the ordinance as amended.
Section 42, Supplementary District Regulations:
During 2014 the Commission and Council approved several amendments to Section 42,
Supplementary District regulations resulting from changes to the Texas State Legislature
made during their last legislative session to the Texas Alcohol Beverage Code.
Specifically, wording was added to allow restaurant operators to pursue the Beer and Wine
Retailer's Permit; in June 2014, the Brewer's Permit was added to Section 42, paragraph
B.3, to exempt brewers from the restaurant/food sales requirement. During that same
legislative session, the Legislature added wording to the Alcohol Beverage Code relative to
distilleries allowing direct sales of distilled spirits to consumers if located within a "wet
area," i.e. an area that has already held a local option election to allow some form of
alcohol beverage sales. Specifically the amendments to the Code allows for on -premise
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consumption of the distiller's product(s) and the off -premise (package) sales of not more
than two, 750 milliliter bottles of the distiller's products within a 30 day period. Staff has
had several meetings within the past year from potential distillers considering operations
within the city; however, the ordinance does not currently allow for the on- and off -premise
consumption of this type of alcoholic beverage. During an October 21, 2014 workshop with
the Planning and Zoning Commission, the Commission recommended adding distilleries to
Section 42 along with a definition of a distillery. Attached is the amended Section 42,
Supplementary District Regulations that will allow potential operators to request the
establishment of a distillery through the conditional use process which will be exempt from
the restaurant/food sales requirement. See the attached ordinances.
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PURPOSE: The GV District is established to provide locations to accommodate wineries,
vineyards, wine tasting rooms, and associated low intensity retail/commercial uses which
promote, enhance, and compliment the Texas Wine Industry. Such facilities should not be
so large or so broad in scope of services as to attract intensive commercial developments.
USES GENERALLY: In a GV Grapevine Vintage District no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter provided.
Vineyard.
B. ACCESSORY USES: The following uses shall be permitted as accessory uses to
those uses listed in Section C. Conditional Uses:
Mechanical equipment located within 120 -feet of any residentially zoned
district must meet the standards established for noise regulation as stated in
Section 55. Performance Standards.
2. Screened garbage storage on a concrete pad no nearer than fifty (50) feet to
a residentially zoned district and not located between the front of the building
and any street right-of-way.
3. Off-street parking to serve permitted uses, provided that any off-street
parking or vehicular use area within sixty (60) feet of a residentially zoned
district shall be separated from said lot in accordance with Section 50.C.1.
Screening Alternate A.
4. Signs advertising uses on the premises in accordance with Section 60 of this
Ordinance, with the exception of pole signs. Pole signs shall not be allowed
within the Grapevine Vintage District.
5. Other structures or uses which are customarily accessory and clearly
incidental and subordinate to the permitted use and/or structure.
6. Any specialty retail shop such as, but not limited to, books, florist, jewelry,
gift, hobby; within a completely enclosed building whose aggregate gross
floor area does not exceed 5,000 square feet.
7. Bakery, tea rooms, confectionery, and delicatessen, ice cream, soda fountain
081914 Section 23A
shops, and cheese factory; within a completely enclosed building whose
aggregate gross floor area does not exceed 5,000 square feet.
8. Studios for the creations of crafts, and heritage arts which are handmade or
handcrafted that do not exceed 20% of the total floor area of a permitted use
listed in Section B. Accessory Uses, paragraph 6 above.
9. Planned specialty shopping center defined as a combination of all the uses
permitted in Section B. Accessory Uses, paragraphs 6-12. A single building
shall not exceed 25,000 square feet as a permitted use. All individual users
shall have the same floor area limitations as noted in Section B. Accessory
Uses.
10. Hospitality Centers which provide meeting facilities for, but not limited to civic
clubs, lodges, fraternal organizations, receptions, and seminars.
11. Dinner Theaters.
12. Art galleries and museums.
C. CONDITIONAL USES: The following uses may be permitted, provided they meet
the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of
the Ordinance.
1. Winery with alcoholic beverage sales, with on -premise and off -premise
consumption, provided a special permit is issued in accordance with Section
42.8. of the Ordinance.
2. Wine tasting facility with alcoholic beverage sales with on -premise and off -
premise consumption, provided a special permit is issued in accordance with
Section 42.13. of the Ordinance. All alcoholic beverage sales shall be
consistent with the Texas Alcoholic Beverage Code.
3. Restaurants and restaurants with outside dining, including alcoholic
beverage sales provided a special permit is issued in accordance with
Section 42.13. of the Ordinance. Drive-in and drive-through restaurants shall
not be allowed. Restaurants adjacent or contiguous to any existing
residential uses (excluding multi -family uses) shall only be allowed as an
accessory use to the other conditional uses listed in this section.
4. Inn (only as an accessory use in conjunction with a winery or wine tasting
room).
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081914 Section 23A
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5. Any use allowed within this district with outdoor speakers and/or amplified
sound.
6. Breweries
7. Distilleries
D. LIMITATION ON USES:
1. Pole signs shall not be permitted in the GV district.
E. PLAN REQUIREMENTS: No application for a building permit for construction of a
principal building shall be approved unless:
1. A Plat, meeting all requirements of the City of Grapevine has been approved
by the City Council and recorded in the official records of Tarrant County.
2. A Site Plan, meeting the requirements of Section 47 has been approved.
3. A Landscape Plan, meeting the requirements of Section 53, has been
approved.
F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements
shall apply:
1. MAXIMUM DENSITY: The maximum density within GV District shall not
exceed a floor area ratio of 0.20.
2. LOT SIZE: The minimum lot size in a GV District shall be twenty thousand
(20,000) square feet.
3. MINIMUM OPEN SPACE: At least twenty-five (25) percent of the total lot
area shall be devoted to nonvehicular open space. (Nonvehicular open
space is any area not devoted to buildings, parking, loading, storage, or
vehicular use.)
a. Landscaping in excess of the required minimum open space that is
located in the rear yard of the site shall not be used to meet the
minimum open space requirements for the site.
4. DISTRICT SIZE: The minimum size of any GV District shall be one (1) acre.
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081914 Section 23A
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L11 &IIZ
5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all
main and accessory structures, parking storage, loading and other paved
areas shall not exceed seventy-five (75) percent of the total lot area.
G. AREA REGULATIONS: The following minimum standards shall be required:
LOT WIDTH: Every lot shall have a minimum width of one hundred twenty-
five (125) feet.
2. LOT DEPTH: Every lot shall have a minimum depth of not less than one -
hundred fifty (150) feet.
3. FRONT YARD: Every lot shall have a front yard of not less than thirty (30)
feet, which shall be utilized as a landscaped setback area. Front yards shall
not be used for any building, structure, fence wall, or storage area, except
that signs may be permitted in this area. Front yards shall be landscaped
with grass, shrubbery, vineyards, or trees, and no part shall be paved or
surfaced except of minimum access, driveways and sidewalks in accordance
with Section 53 of this Ordinance.
4. SIDE YARDS: Every lot shall have two side yards, each of which shall be
not less than fifteen (15) feet in width. Planned Commercial Centers
permitted as a Conditional Use shall meet the requirements of Section
23A.N.1.
5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five
(25) feet in depth. Planned Commercial Centers permitted as a Conditional
Use shall meet the requirements of Section 23A.N.1.
6. DISTANCE BETWEEN BUILDINGS: The minimum distance between
detached principal or accessory buildings on the same lot shall be not less
than twenty (20) feet.
BUFFER AND SCREENING REQUIREMENTS: Whenever a GV District
abuts a residential district, an appropriate buffer and screen shall be
provided in accordance with the provisions of Sections 50, 53, 23A.H.2. and
23A.H.3. of this Ordinance.
2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or
081914 Section 23A
191 c7_121U001 1
i
structure shall be located nearer to any residentially zoned property than a
distance equal to two (2) times the height of any building or structure, or fifty
(50) feet whichever is greater.
3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning
and Zoning Commission may recommend and the City Council may require
screening, fencing, buffering and landscaping requirements on any zone
change, conditional use, or special use case or concept plan in addition to or
in lieu of buffering, screening, fencing or landscaping requirements set out
specifically in each use district, when the nature and character of
surrounding or adjacent property dictate a need to require such methods in
order to protect such property and to further provide protection for the
general health, welfare and morals of the community in general.
No principal structure shall be erected or altered to a height exceeding thirty-
five (35) feet. Principal structures located contiguous to an R-20, R-12.5, R-
7.5 or R-5.0 Residential District shall be limited to one (1) floor level, however
an increase up to five (5) feet to this requirement may be granted upon
approval of a conditional use request by the City Council.
A winery or wine tasting facility not adjacent to a R-7.5, R-12.5 or R-20
Single Family Residential District, may exceed the maximum height
requirements of Section 23A.1.1 (thirty-five (35) feet) not to exceed a
maximum height of fifty (50) feet, provided a conditional use permit is issued
in accordance with Section 48 of the Ordinance.
2. No accessory structure shall be erected or altered to a height exceeding
twenty-five (25) feet.
LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Sections 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
the provision of Section 57 of this Ordinance.
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
GV District:
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081914 Section 23A
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III
Lighting shall be designed to reflect away from any adjacent residential area.
2. Parking lot lighting facilities, if provided shall meet the requirement of Section
58, Parking and Loading Area Development Standards
3. No outdoor storage, except for refuse disposal, shall be permitted. Refuse
disposal areas shall be landscaped and screened from view in accordance
with Section 50.13.3.
4. Due to the development nature of the Grapevine Vintage District, it is
recognized that requiring wineries to have exterior fire resistant construction
having at least seventy (70) percent of the total exterior walls, excluding
doors and windows constructed of brick, stone or other masonry or material
of equal characteristics in accordance with the City Building Code and Fire
Prevention Code may not allow for vintage type developments. Wineries
proposed in the GV not meeting the seventy (70) percent masonry
requirement shall present an exterior wall plan to the Planning and Zoning
Commission and the Commission shall establish the amount of masonry
required.
N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel
of land created within a Planned Commercial Center shall comply with the following
requirements:
1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL
CENTERS: The front yard requirements contained in Section 23A.G.3. shall
be applicable to each lot or parcel of land within a Planned Commercial
Center. A minimum fifteen (15) foot side yard and a minimum twenty-five
(25) foot rear yard shall be required around the outside perimeter of the
Planned Commercial Center. Minimum side and rear yard requirements of
interior lots may be required if deemed necessary by City Council in order to
meet the provisions of Section 48.
2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL
CENTERS: The minimum landscaping requirements of Section 53.H.2 shall
be applicable around the outside perimeter of a Planned Commercial Center.
For interior lots the minimum landscaping requirements of Section 53.H.2.b.
may be required if deemed necessary by City Council in order to meet the
provisions of Section 48.
3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL
CENTERS: At least twenty-five (25) percent of the total site area of the
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081914 Section 23A
Planned Commercial Center shall be devoted to nonvehicular open space
(nonvehicular open space is any area not devoted to buildings, parking,
loading, storage, or vehicular use.)
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081914 Section 23A
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Section 42. Supplementary District Regulations
A. TEMPORARY USES:
1. The following uses, which are classified as temporary uses, may be permitted by
the City Council in any district not to exceed a period of thirty (30) days except for
(g) which shall be issued for a period of one year or less, subject to compliance with
all other applicable City Ordinances:
(a) Carnivals
(b) Circus
(c) Fairgrounds
(d) Religious assemblies
(e) Sport events
(f) Political rallies
(g) Concrete mixing or batching plant used temporarily by contractors during the
construction of buildings or public improvements, and in such cases, the
period of time for which the use is granted may be for a period of time
provided in the contract for completion of such buildings or public
improvement, providing such temporary use is renewed annually.
(h) Armed forces displays
(i) Educational displays
(j) Temporary sales of merchandise by nonprofit organizations
(k) Temporary shelter for the homeless occupied by more than three (3) persons
unrelated by blood or marriage during periods of severe weather conditions
as determined by the Grapevine Office of Emergency Management in all
residential districts
2. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a
residentially zoned district except for (g) which shall not be located closer than one
thousand (1,000) feet to a developed residentially zoned district.
3. Use of a parcel of property for any of the above listed uses at any time on any day
shall constitute a day's use. Use of a parcel of property for any of the above listed
061714 Section 42
uses for more than thirty (30) days except for concrete mixing or batching plants,
during any one year shall constitute a permanent use and such parcel or property
shall automatically again be subject to the district regulation of the zoning district in
which such parcel of property is located.
4. Permission may be granted for a period not to exceed seven (7) days by the city
Manager as a special privilege to civic organizations and other nonprofit
organizations to allow temporary uses (a), (b), (c), (d), (e), (h), (i), and Q) which shall
not be located closer than sixty (60) feet to a residentially zoned district.
5. Permission may be granted for a period not to exceed forty (40) days by the Director
of Community Development, to allow Christmas tree sales lots in all non-residential
zoning districts.
6. A building, electrical and/or plumbing permit, where determined applicable by the
Director of Community Development, for any temporary use approved under this
Section 42 shall be obtained from the Building Inspection Department prior to
commencement of such use. Section 60 and all other provisions of the Ordinance
determined to be applicable by the Director of Community Development shall be
complied with prior to the commencement of any approved temporary use.
7. Temporary concrete mixing or batching plants for use during the construction of
buildings or public improvements for thirty (30) days or less may be approved by the
Director of Community Development.
8. Temporary outside display and sales of merchandise, and food service may be
permitted on one occasion in any quarter of a calendar year for a period not to
exceed fourteen (14) consecutive days, subject to the following conditions:
(a) A plan must be submitted for approval by the Development Services Director
designating the area for outside display, sales and/or food service.
(b) The merchandise to be displayed or sold must be clearly related or incidental
to the current Certificate of Occupancy at the site. Itinerant vendors shall not
be permitted.
(c) Items for outside display within the festival area are to be approved by the
City of Grapevine Festival Committee.
(d) A minimum four (4) feet of clear sidewalk width shall be maintained at all
times and at no time shall required egress from the building be obstructed.
(e) Use of required parking areas for temporary outside display and sales shall
not negatively impact the ability to provide adequate parking on the subject
site nor shall it create a burden on surrounding properties or encourage
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061714 Section 42
DRAFT COPY 01-20-15
parking within the right-of-way. Approval for use of required parking areas
shall be at the discretion of the Development Services Director.
(f) An appropriate permit from the Health Department shall be required for any
food sales.
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, wine tasting rooms, and breweries, and distilleries
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.
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t
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 beverage 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 42.13 and 49 of
this Ordinance without a valid and current Certificate of Occupancy.
8. (a) The City's Building Official, upon receipt of information from the City
Secretary that the holder of a Certificate of Occupancy under Section 42. B of
this Ordinance has failed to comply with one or more of the requirements,
may cancel and terminate the party's Certificate of Occupancy by giving the
party written notice that specifies 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 provided in 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 canceled 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 pursuant to Section 42.13.4. that does not satisfy the fifty
(50) percent requirement relating to food sales shall have the alternative of
filing monthly reports for a period of six (6) months. The monthly reports
shall contain the same information and be in the same form as the annual
reports except that said monthly reports shall reflect an accumulation of total
sales for the preceding twelve-month period reflected in the annual report
added to the monthly sales.
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arrangement Faust post with the commission a bond M a=i amount- detem, iried by the ssiloiF of not
less than $30,000 if the Inti€� does Flot own a fee interest in a brewing facility. -
See. 14.01. AUTHORIZED ACTIVITIES. (a) The holder of a distiller's and rectifier's permit
may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder's finished products;
(5) sell the finished products in this state to holders of wholesaler's permits and to
qualified persons outside the state;
(6) purchase [import] distilled spirits, to be used only for manufacturing or rec-
tification purposes, from holders of nonresident seller's permits or distiller's and rectifier's permits; [ate]
(7) dispense free distilled spirits for consumption on the permitted premises; under
Section 14.04; and
(8) if located in a wet area, sell distilled spirits to ultimate consumers under Section
14.04 or 14.05.
NOTE: Section 14.01, subsection 8 added by Senate Bill 905, 83`d Legislature, Regular Session, 2013,
effective September 1, 2013.
(88) sell bulk alcohol produced by the permit holder to holders of industrial permits in
this state.
NOTE: Section 14.01, subsection 8 Senate Bill 642, 83`d Legislature, Regular Session, 2013, effective
September 1, 2013.
(e) The heldef of a distiller's and reetifier-'s pefmit tuay dispense distilled spirits
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(b) The privileges granted to a distiller and rectifier are confined strictly to distilled spirits
and wines manufactured and rectified under his permit.
NOTE: Subsection (c), Section 14.01, repealed by Senate Bill 905, 83`d Legislature, Regular Session,
2013, effective September 1, 2013.
Sec. 14.02. FEE. The annual state fee for a distiller's and rectifier's permit is $1,500.
Sec. 14.03. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION.
The right of a distiller's and rectifier's permittee to continue in operation after a prohibitory local option
election is covered by Section 251.76 of this code.
Sec. 14.04. DISTILLED SPIRITS SAMPLING. (a) The holder of a distiller's and rectifier's
permit may conduct distilled spirits samplings on the permitted premises. The permit holder may dispense
free samples or collect a fee for the sampling.
(b) A sampling event authorized by this section may not be advertised except by on-site
communication or by direct mail.
(c) A person other than the holder of a permit or the holder's agent or employee may not
dispense or participate in the dispensing of distilled spirits under this section.
Texas Alcoholic Beverage Code (2013) 41
(d) A person authorized to dispense distilled spirits under this section may not:
(1) serve a person more than one sample of each brand of distilled spirits being
served at a sampling event; or
(2) serve a sample to a minor or to an obviously intoxicated person.
(e) Sample portions served at a distilled spirits sampling event may not exceed one-half
ounce.
(f) A person who receives a sample may not remove the sample from the permitted
premises.
(g) For the pur-poses of this eede and —any other I—— _P A -:
this state, the Wer of a per -mit, dur ng of distilled Vifits- und-ef this seetion, isnot the holder of. a peFm-.11- the sale of aleahelie bev_era'ges fef an
premises eens-mption- and
.ai,.,.holi
NOTE: Subsection (g), Section 14.04 repealed by Senate Bill 905, 83`d Legislature, Regular Session,
2013, effective September 1, 2013.
See. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder of a distiller's and
rectifier's permit may sell to ultimate consumers for consumption on the permitted premises distilled
spirits manufactured or rectified by the permit holder in an amount not to exceed 3,000 gallons annually.
(b) The holder of a distiller's and rectifier's permit may sell distilled spirits manufactured by the
permit holder to ultimate consumers for off -premises consumption in unbroken packages containing not
more than 750 milliliters of distilled spirits for off -premises consumption in an amount not to exceed
3,500 gallons annually.
(c) The holder of a distiller's and rectifier's permit may not under Subsection (b) sell more than
two 750 milliliter bottles of distilled spirits or the equivalent to the same consumer within a 30 -day
period.
(d) A sale under Subsection (b .
(1) may be made only to an individual who is physically present at the permit holder's
premises; and
(2) must be delivered to the purchaser in person during the purchaser's visit.
(e) A person may not make a purchase under Subsection (b) as an went for another person
( The permit holder must check a purchaser's identification and keep records of purchases in a
manner that enables the permit holder to comply with this section
(g) A bottle of distilled spirits sold on the permit holder's premises under Subsection (b) must
bear a notice affixed to the bottle that:
(1) does not obscure the label approved by the Alcohol and Tobacco Tax and Trade
Bureau,•
(2) states that the bottle is commemorative,•
(3) states the month and year the bottle is sold; and
(4) is signed by an agent of the permit holder.
NOTE: Section 14.05 added by Senate Bill 905, 83`d Legislature, Regular Session, 2013, effective
September 1, 2013.
Sec. 14.05. REPORT OF CERTAIN SALES. A holder of a distiller's and rectifier's permit
who sells distilled spirits to a holder of an industrial permit under Section 14.01(x)(8) shall keep records
of those sales in a manner prescribed by the commission or administrator.
Texas Alcoholic Beverage Code (2013) 42
N01T^�e Secttc.I � �,.05 aeE V... .., Sena,._, 41 i [_c 1 �.: , r"•-ev-d S -ss; '0 effective
Sep -c her I, 2013.
CHAPTER ER 15. DISTILLER'S AGENT'S PEEMnIM
See. 15.01. AUTHORIZEDACTPiITIES. The holder of a distiller's agent's permit may:
(1) represent the holder of a distiller's and rectifier's permit;
(2) solicit and take orders from a holder of a wholesaler's permit for the sale of distilled
spirits manufactured by the permit holder represented by the agent; and
(3) conduct free distilled spirits tastings for consumers on the premises of the holder of a
package store permit.
Sec. 15.02. FEE. The annual state fee for a distiller's agent's permit is $10.
Sec. 15.03. EVIDENCE OF AGENCY OR EMPLOYMENT REQUIRED. A distiller's
agent's permit may not be issued to a person until the erson shows to the satisfaction of the commission
that the person has been employed by or authorized to act as the agent of the permit holder the person
proposes to represent.
See. 15.04. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE
CLUB PERMIT. A holder of a distiller's agent's permit may not solicit business directly or indirectly
from a holder of a mixed beverage permit or a private club registration permit unless the distiller's agent
is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.
Sec. 15.05. UNAUTHORIZED REPRESENTATION. A holder of a distiller's Ment' s permit
in soliciting or taking orders for the sale of liquor may not represent that the permit holder is an agent of
any person other than the person designated in the permit holder's application.
Sec. 15.06. GRACE PERIOD. A person may engage in the activities specified in Section 15.01
for an initial grace period of five da sy during which the person shall procure a distiller's agent's permit
from the commission.
CHAPTER 16. WINERY PERMIT (G)
See. 16.01. AUTHORIZED ACTIVITIES. (a) Except as provided by Section 16.011, the holder
of a winery permit may:
(1) manufacture, bottle, label, and package wine containing not more than 24 percent
alcohol by volume;
(2) manufacture fruit brandy and:
(A) use that brandy on the winery permit holder's permitted premises for
fortifying purposes only; or
(B) sell that brandy to other winery permit holders;
(3) import or buy fruit brandy from a permit holder authorized to manufacture fruit
brandy and use that brandy on the winery permit holder's permitted premises for fortifying purposes only;
(4) sell wine in this state to or buy wine from permit holders authorized to purchase and
sell wine, including holders of wholesaler's permits, winery permits, and wine bottler's permits;
(5) sell wine to ultimate consumers:
(A) for consumption on the winery premises; or
(B) in unbroken packages for off -premises consumption in an amount not to
exceed 35,000 gallons annually;
(6) sell the wine outside this state to qualified persons;
(7) blend wines; [ate]
(8) dispense free wine for consumption on the winery premises; and
Ltpurchase and import wine from the holder of a nonresident seller's permit.
Texas Alcoholic Beverage Code (2013) 43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BYAMENDING SECTION 23A "GV"
GRAPEVINE VINTAGE DISTRICT REGULATIONS AND
SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS
RELATIVE TO BREWERIES AND DISTILLERIES;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of
the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code is
hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 23A "GV" Grapevine Vintage District Regulations is hereby
amended by adding subsections C.6. and C.7. to read as follows:
"6. Breweries.
7. Distilleries."
B. That Section 42 Supplementary District Regulations is hereby amended by
adding subsection B.1.(c) to read as follows:
"(c) Distillery shall mean a location whereby alcoholic spirits are created or
manufactured, to include but not be limited to the following processes:
milling, mashing, fermentation, distillation, ageing, and blending."
C. That Section 42 Supplementary District Regulations is hereby amended by
amending subsection B.3. to read as follows:
"3. With the exception of wineries, wine tasting rooms, breweries and
distilleries, 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."
Section 2. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 3. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 4. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, 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 final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
G)RAPEVINE, TEXASon - 20th of 1
1a
ATTEST:
ORD. NO. 2
LAI
a 1 •