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HomeMy WebLinkAboutOrd 185-2005 Regulating the sale of beer not for on-premises consumption.pdfClTY OF ANNA ORDINANCE NO. 185-2005 AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, REGULATING THE SALE OF BEER THAT IS NOT 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 5 109.32, 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 sale that is not for 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 office. 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 185-2005 ALCOHOL- BEER OFF PREMISES.docPage 1 of 4 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. No "Drive-Through" sales. An establishment that sells any beer for other than on-premises consumption may not utilize a window, opening or any other configuration of a structure or premises that allows a driver or passenger of any vehicle entering the premises to purchase beer without first parking said vehicle in a parking lot that conforms to the City's Zoning Ordinance, as amended, and exiting the vehicle to enter the store to purchase the beer. Section 5. Other Sales Restricted. Under the authority granted to municipalities under the TABC, including but not limited to authority granted under TABC § 109.32, an establishment that sells any beer for other than on-premises consumption may not be located within (a) 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) an F-B - Food - Beverage Overlay District as those areas are defined by the City's Zoning Ordinance as amended; or (c) 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. (d) 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 ORD 185-2005 ALCOHOL- BEER OFF PREMISES.docPage 2 of 4 the property line to the base of the floor on which the permit or license holder is located. Section 6. 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 7. 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 8. 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 9. 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. ORD 1852005 ALCOHOL- BEER OFF PREMISES.docPage 3 of 4 PASSED by the City Council of the City of Anna by the following vote on this the 12th day of February, 2005. AYE NAY ABSTENTION 0 ATTEST: APPROVED: OR0 185-2005 ALCOHOL- BEER OFF PREMISES.docPage 4 of 4 -