HomeMy WebLinkAboutOrd 186-2005 Hours Beer may be sold.pdfClTY OF ANNA
ORDINANCE NO. 186-2005
AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, PRESCRIBING THE
HOURS WHEN BEER 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.
Under the authority granted to municipalities under the Texas Alcoholic Beverage
Code ("TABC"), including but not limited to authority granted under TABC §
109.32, an establishment that sells beer for on-premises consumption may not
sell beer:
(a) at any time during the day when those sales are prohibited under
the TABC; or
(b) any day of the week after midnight until 11 a.m. the following day.
Section 2.
Under the authority granted to municipalities under the TABC, including but not
limited to authority granted under TABC § 109.32, an establishment that sells
beer for off-premises consumption may not sell beer at any time during the day
when those sales are prohibited under the TABC.
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. Each day of the continuance of such violation
shall be considered a separate offense and be punished separately.
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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repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed Ordinance, nor shall the repeal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initially deemed repealed under this section is deemed not repealed to the extent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.
AYE
NAY 0
ABSTENTION 2
ATTEST: APPROVED:
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