HomeMy WebLinkAboutOrd 428-2009 Amending Ord. No. 108-2003 Alcohol Permit and License Fees.pdfCITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
AMENDING ORDINANCE NO. 108-2003 REGARDING ALCOHOL PERMIT
AND LICENSE FEES; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that a
local option election was held February 5, 2005 allowing sales of alcoholic beverages;
and,
WHEREAS, all applications for permits and licenses ("Applications") processed by the
Texas Alcoholic Beverage Commission ("TABC") under the Alcoholic Beverage Code
("ABC") must be submitted to the City Secretary for approval and signature; and,
WHEREAS, before the City Secretary can certify the Applications, they must be
processed by appropriate City departments to ensure that ordinances and regulations
are complied with; and,
WHEREAS, the City Council finds that the costs of processing the Applications should
be defrayed by collecting processing fees from the Applicants ("Processing Fee"); and,
WHEREAS, the TABC authorizes the City of Anna ("City") to collect local fees for
permits and licenses equal to one-half of the State of Texas fee for a permit or license
("Permit Fee"), subject to certain exceptions; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Anna to pass this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Findings Amended
The findings set forth in Ordinance Number 108-2003 are amended and replaced with
the findings in this ordinance (above), which are incorporated herein as if set forth in full.
Section 2. Amendment to Ordinance Number 108-2003, Section 2
Ordinance Number 108-2003 is hereby amended by amending Section 2 of said
Ordinance to read as follows:
CITY OF ANNA, TEXAS ORDINANCE NO ._JJ(_iW PAGE 1 OF 3
(a) It shall be unlawful for any person to manufacture, distill, brew, import,
transport, store for purposes of sale, distribute or sell any alcoholic
beverage within the City without having first paid an annual Permit Fee to
the City 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 alcoholic
beverage. Except as otherwise set forth herein, the Permit Fee shall be
paid to the City Secretary upon original application and then annually for
permit renewal. The City Secretary shall issue a receipt for the Permit Fee
and keep a record of 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.
(b) Notwithstanding the foregoing subsection, the Permit Fee for a Mixed
Beverage permit shall not be charged for an original application and shall
not be charged for the first two annual renewals. For the third annual
renewal of a Mixed Beverage permit, and for all subsequent renewals
thereafter, a Permit Fee shall be charged in accordance with the foregoing
subsection.
Section 3. Other Amendments
Ordinance Number 108-2003 is hereby amended such that all references to "City
Administrator" are replaced with "City Manager".
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
CITY • ANNA, TEXAS •-. NO. PAGE 2 • 3
PASSED by the City Council of the City of Anna, Texas, this %day of
, 20_I .
ATTESTED: APPROVED:
Ci Secretary, Natha Wilkison ayor',
ham
CITY OF ANNA, TEXAS ORDINANCE NO. W e0f PAGE 3 OF 3