HomeMy WebLinkAboutOrd 184-2005 Regulating the sale of beer for on-premises consumption.pdfClTY OF ANNA
ORDINANCE NO. 184-2005
AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, REGULATING THE SALE OF
BEER FOR ON-PREMISES CONSUMPTION; 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. City Permit Fee.
Under the authority granted to municipalities under the Texas Alcoholic Beverage Code
("TABC"), including but not limited to authority granted under TABC § 109.32, it is
unlawful for any person to manufacture, distill, brew, import, transport, store for
purposes of sale, distribute or sell any beer for the purpose of on-premises consumption
within the City without having first paid an annual City Permit Fee equal to one-half of
the State of Texas fee required by the TABC of every person that may be issued any
permit or license or renew such permit or license by the State for the manufacture,
distilling, brewing, importing, transporting, storing, distributing or sale of any beer. Such
Permit Fee shall be paid to the City Secretary annually. The City Secretary shall issue
a receipt for the Permit Fee and keep a record of the same in the City Secretary's ofice.
All receipts issued for the payment of Permit Fees under the terms of this section shall
terminate at midnight on the day before the anniversary date of their issuance, and no
receipt shall be issued covering a longer term than one year.
Section 2. Processing Procedures Established.
Before the City Secretary shall sign any Application for a permit or license under the
TABC, or any annual renewal, such Application shall be submitted to the appropriate
City departments, as determined by the City Administrator to ensure that the
Application complies with all City Ordinances and regulations and are for
establishments located in a wet area.
Section 3. Annual Processing Fee Established.
An annual Processing Fee in the amount of $250 shall be charged by the City
Secretary for accepting any Application or renewal. The City Secretary shall issue a
receipt for the Processing Fee and keep a record of the same in the City Secretary's
office. All receipts issued for the payment of Processing Fees under the terms of this
ORD 184-2005 ALCOHOL- BEER ON PREMISES.doc Page 1 of 3
section shall terminate at midnight on the day before the anniversary date of their
issuance, and no receipt shall be issued covering a longer term than one year.
Section 4. Regulations for personnel working in establishment selling
beer for on-premises consumption.
(a) No person shall be employed to serve food, beer or other drinks in an
establishment selling beer for on-premises consumption, unless that
employee has a health certificate.
(b) No person other than the permittee or licensee for such establishment
may serve beer, or other drink or food to any customer or patron of a beer
establishment unless the person so serving is employed by the permittee
or licensee of the beer establishment.
(c) No person serving beer to any patron or customer of such establishment
shall receive, as compensation, any part of the price paid by the patron or
customer for such beer, nor shall his or her compensation be dependent
on the amount served by him.
Section 5. 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 6. 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.
ORD 184-2005 ALCOHOL- BEER ON PREMISES.doc Page 2 of 3
Section 7. 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 8. 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 184-2005 ALCOHOL- BEER ON PREMISES.doc Page 3 of 3