HomeMy WebLinkAboutOrd 187-2005 Alcohol 300 Feet.pdfCITY OF ANNA
ORDINANCE NO. 187-2005
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, PROHIBITING THE SALE OF
ALCOHOLIC BEVERAGES BY A DEALER WHOSE PLACE OF BUSINESS IS
WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL, PRIVATE SCHOOL, PUBLIC
HOSPITAL, DAY-CARE CENTER OR CHILD-CARE FACILITY; 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 CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Sale of Alcoholic Beverages Restricted Near Churches, Schools and
Public Hospitals.
(a) Under the authority granted to municipalities under the Texas Alcoholic Beverage
Code ("TABC"), including but not limited to authority granted under TABC §
109.33, there may be no sale of alcoholic beverages in the City's corporate limits
by a dealer whose place of business is within:
(1) 300 feet of a church, public or private school, or public hospital (as those
terms are defined in the TABC, as amended);
(2) 1,000 feet of a public school, if the City Council receives a request from
the board of trustees of a school district under Section 38.007, Education
Code; or
(3) 1,000 feet of a private school (as defined in the TABC) if the City Council
receives a request from the governing body of the private school.
(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
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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.
Section 2. Sale of Alcoholic Beverages Restricted Near Day -Care Centers and
Child -Care Facilities.
Under the authority granted to municipalities under the TABC, including but not limited
to authority granted under TABC § 109.331, and to the full extent allowed by that
Section, there may be no sale of alcoholic beverages in the City's corporate limits by a
dealer whose place of business is within 300 feet of a day-care center or child-care
facility.
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. Savings/Repealing 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,
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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
ABSTENTION
ATTEST:
APPROVED:
City S cretary r
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