HomeMy WebLinkAboutORD 2013-056ORDINANCE NO. 2013 -56
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING CHAPTER 4 ALCOHOLIC
BEVERAGES AND ORDINANCE NO. 82 -73, AS
AMENDED, 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 BY AMENDING SECTION 42
SUPPLEMENTARY DISTRICT REGULATIONS RELATIVE TO
ALCOHOLIC BEVERAGES; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
4 Section 1. That the Grapevine Code of Ordinances, Chapter 4 Alcoholic
Beverages, is hereby amended in the following particulars, and all other sections,
subsections, paragraphs, definitions, words and phrases of said Chapter are not amended
but are hereby ratified, verified and affirmed:
A. That Chapter 4 Alcoholic Beverages is hereby amended by amending
Section 4 -5 to read as follows:
"Sec. 4 -5. On and off premise alcohol beverage consumption.
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, 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."
Section 2. 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 42, Supplementary District Regulations is hereby amended by
adding subsection B.3. to read as follows:
"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."
B. That Section 42, Supplementary District Regulations is hereby amended by
adding new subsections B.S. and B.6. to read as follows and renumbering
the remainder of the subsection:
"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.
ORD. NO. 2013 -56 2
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."
Section 3. 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 4. 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 5. 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
GRAPEVINE, TEXAS on this the 17th day of December, 2013.
...-6 19
William D. Tate
Mayor
ATTEST:
Tara Brooks
Assistant City Secretary
ORD. NO. 2013 -56 3
wkv'�Ii
{
r-
✓r � f . -A
John F. Boyle, J r.
City Attorney
ORD. NO. 2013 -56