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Home My WebLink AboutOrd 182-2005 Regulating Alcohon Sales over 75% Sales.pdfClTY OF ANNA ORDINANCE NO. 182-2005 AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, REGULATING THE SALE OF ALCOHOL BY ANY ESTABLISHMENT THAT DERIVES 75 PERCENT OR MORE OF THE ESTABLISHMENT'S GROSS REVENUE FROM THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND PRESCRIBING THE HOURS WHEN IT MAY BE SOLD; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF ANNA, TEXAS: Section 1. (a) Under the authority granted to municipalities under the Texas Alcoholic Beverage Code ("TABC"), including but not limited to authority granted under TABC § 109.57(d)(2), an establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on- premises consumption may not be located within 1000 feet of a public school, private school, church, day-care center or child-care facility, as those terms are described in the TABC. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be: (1) in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or (2) if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. ORD 182-2005 ALCOHOL 75 PERCENT Page 1 of 4 Section 2. Under the authority granted to municipalities under the TABC, including but not limited to authority granted under TABC § 109.57(d)(2), an establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located within a residential area. Section 3. Under the authority granted to municipalities under the TABC, including but not limited to authority granted under TABC § 109.57(d)(2), an establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located within a THOR - Thoroughfare Overlay District nor an F-B - Food - Beverage Overlay District as those areas are defined by the City's Zoning Ordinance as amended. Section 4. For the purpose of this Ordinance, "residential area" means all areas located within the following zoning districts, as defined by the City's Zoning Ordinance as amended: SF-E - SF-1 - SF-84 - SF-72 - SF-60 - SF-Z - SF-TH - MH-1 - MH-2 - TF Duplex - MF-1 - MF-2 - PD - Single Family Residential - Large Lot; Single Family Residential; Single Family Residential; Single Family Residential; Single Family; Single Family Zero Lot Line; Single Family Town Home; Manufactured Home District; Manufactured Home Park District; (Two Family Residential); Multiple Family Residential - Medium Density; Multiple Family Residential - High Density; Any residential part of a Planned Development District; and,any tract, lot or subdivision upon which is located any of the "Residential Uses" list in Appendix 3 of the Zoning Ordinance, as amended. Section 5. ORD 182-2005 ALCOHOL 75 PERCENT Page 2 of 4 Under the authority granted to municipalities under the TABC, including but not limited to authority granted under TABC § 109.57(d)(2), an establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located within any area where the sale of alcoholic beverages is not already allowed - even if only by special use permit - under the City's Zoning Ordinance, as amended. Section 6. Under the authority granted to municipalities under the TABC, including but not limited to authority granted under TABC § 109.57(d)(2), an establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located closer than 1,000 feet to another establishment that derives 75% or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages. The measurement of the distance between said establishments shall be in a straight line in all directions from the said establishment to the nearest point of other such establishment. The measurement for a structure shall be taken from the nearest point that a structure extends in any direction, including overhanging roofs and all projections or portions of said structures. Section 7. An establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not sell alcoholic beverages at any time during the day when those sales are prohibited under the TABC. Section 8. Penalty. Any violation of any of the terms of this Ordinance, whether denominated in this Ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Each day of the continuance of such violation shall be considered a separate offense and be punished separately. Section 9. SavingsIRepealing Clause. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal ORD 182-2005 ALCOHOL 75 PERCENT Page 3 of 4 prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said Ordinance shall remain in full force and effect. This repealing provision does not apply to this Ordinance or any part of it once declared or adjudged unconstitutional or invalid by a court of competent jurisdiction; any Ordinance or part of any Ordinance initially deemed repealed under this section is deemed not repealed to the extent it conflicts with any part of this Ordinance declared or adjudged unconstitutional or invalid by a court of competent jurisdiction. Section 10. Severability. Should any section, subsection, sentence, clause, phrase, definition or part of a definition in this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City of Anna City Council declares that it would have passed this Ordinance, and each section, subsection, clause, phrase or word in it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, definitions or parts of definitions may be declared unconstitutional or invalid. Section 11. Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. Only the caption of this Ordinance need be published. PASSED by the City Council of the City of Anna by the following vote on this the 12th day of February, 2005. AYE .$ NAY 0 ABSTENTION 0 ATTEST: APPROVED: ORD 182-2005 ALCOHOL 75 PERCENT Page 4 of 4