HomeMy WebLinkAboutItem 12 - Alcoholic Beverages Fee Schedule IT l2--
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 6, 2010
SUBJECT: AMEND CHAPTER 4 ALCOHOLIC BEVERAGES FEE
SCHEDULE
RECOMMENDATION:
Consider adopting an ordinance amending the Grapevine Code of Ordinances, Chapter
4 Alcoholic Beverages, Section 4-7 Fee Schedule to follow State law regarding local fee
collection for each permit issued for premises located within the City.
BACKGROUND:
Section 11.38 of the Alcoholic Beverage Code provides that cities may levy and collect a
fee not to exceed one-half the State fee for each permit issued for premises located
within the City. The City would issue permits only for those licenses that have been
approved in the City's local option elections. The proposed ordinance would not require
future amendments to the Grapevine Code, if there were changes to the Texas Alcoholic
Beverage Code regarding fees allowed to be collected by cities.
The City Code would be amended to read as follows:
"Sec. 4-7. Fees-Schedule.
There is hereby levied, pursuant to Article 11.38 of the Alcoholic Beverage Code'
of the State of Texas, fees for a license or permit issued for premises located within the
City, which fees shall be equal at all times to one-half (112) of the fee assessed by the
State of Texas for each license or permit pursuant to the Alcoholic Beverage Code, and
only for licenses/permits approved by the City's local option elections."
LHIab
March 24,2010 (2:11 PM)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE
CODE OF ORDINANCES, CHAPTER 4, ALCOHOLIC
BEVERAGES, SECTION 4-7, FEES-SCHEDULE-
PROVIDING A SEVERABILITY CLAUSE; 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
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
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 Section 4-7 Fees-Schedule is hereby amended in its entirety to read
as follows:
"Sec. 4-7. Fees--Schedule.
There is hereby levied, pursuant to Article 11.38 of the Alcoholic Beverage Code of
the State of Texas, fees for a License or permit issued for premises located within the
City, which fees shall be equal at all times to one-half (112) of the fee assessed by
the State of Texas for each license or permit pursuant to the Alcoholic Beverage
Code, and only for licenses/permits approved by the City's local option elections."
Section 2. If any section, paragraph or provision of this ordinance or the
application thereto any person or situation is held invalid or unconstitutional by a Court
of 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 3. 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. 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 public creates an emergency which requires that this
ordinance become effective from and after the date of its passage, and it is accordingly
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 6th day of April, 2010.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 2