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HomeMy WebLinkAboutORD 1993-039 ,�: . ORDINANCE NO. 93-39 �:.,:,. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS BY AMENDING CHAPTER 4, SECTION 4-3, ALCOHOLIC BEVERAGES, BY DEFINING OFF THE PREMISES TO INCLUDE BOTH BEER AND WINE AS DESCRIBED AND DEFINED IN THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 4, Section 4-3 of the City Code dealing with alcoholic beverages is hereby amended to read as follows: �.:� "Section 4-3. Compliance with Zoning Ordinance - storage, possession, sale, serving and defining "off the premises". The storage, possession, sale or serving of alcoholic beverages by anyone for the consumption, either on or off the premises, shall be illegal unless on property zoned specifically for that purpose as a conditional use in accordance with Section 48 of the Zoning Ordinance. For the purpose of this Chapter and the City's Zoning Ordinance, the phrase "off the premises" shall mean "storing, selling or possessing beer and wine as those beverages are described and defined in the Texas Alcoholic Beverage Code, irrespective as to whether the subject property was zoned for beer only, or beer and wine only." Section 2. 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. If any section, paragraph or provision of this ordinance or the application of any particular section, paragraph or provision to any person or situation is for any reason judged invalid, such adjudication shall not affect any other section, ��.� paragraph or provision of this ordinance or the application of any other section, �:. ,� paragraph or provision to any other person or situation, and the City Council declares that it would have adopted the valid portions and applications of this ordinance with the invalid parts, and to this end the provisions of this ordinance are declared to be �;� severable. 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 7th day of September , 1993. APPROVED: William D. Tate Mayor '�-� ATTEST: Li a Huff City Secretary APPROVED AS TO FORM: —� John F. Boyle, Jr. City Attorney ��