HomeMy WebLinkAboutOrd 183-2005 Prohibiting the sale of beer in all residential areas.pdfClTY OF ANNA
ORDINANCE NO. 183-2005
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, PROHIBITING THE SALE OF
BEER IN ALL RESIDENTIAL AREAS WITHIN THE CORPORATE LIMITS OF THE
CITY; 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.
Under the authority granted to municipalities under the Texas Alcoholic Beverage Code
("TABC"), including but not limited to authority granted under TABC § 109.32, the sale
of beer is prohibited in any residential area within the Corporate Limits of the City of
Anna, Texas.
Section 2.
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.
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Section 3. 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.
Section 4. 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All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to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for violation of the repealed Ordinance, nor shall the repeal prevent a prosecution from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 5. 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 6. 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.
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ABSTENTION
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ATTEST: APPROVED:
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