HomeMy WebLinkAboutOrd 496-2010 Amending Establishment of Food-Beverage Store.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 496-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III-C, SECTION 4; DEFINITION OF A
FOOD AND BEVERAGE STORE AND SECTION 32; REGARDING WHEN A FOOD
AND BEVERAGE STORE IS ESTABLISHED; PROVIDING FOR A PENALTY FOR
ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas (lithe City") has previously adopted ordinances,
rules and regulations governing Food and Beverage sales; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part III-C, Section 4 and Section 32 of The Anna City Code of Ordinances ("Anna
Code") by changing the establishment of a Food and Beverage Store from final
platting to issuance of a certificate of occupancy.];
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment
In accordance with Part II, Article 1, Section 9 of Anna, the following amendment is
made to Part III-C, Section 4 and Section 32:
Section 4. Definitions
Food-Beverage Store means an establishment engaged in the retail sale of food or
beverages -of any kind whatsoever -for off-premises consumption. This definition
does not include restaurants that derive at least 90% of gross revenues from sale of
food and beverages for on-premises consumption.
Section 32. F-B Food -Beverage Overlay District
This Section governs the "F_B -Food -Beverage Overlay District" (also referred to in
this Code as "F_B Overlay District").
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The F-B Overlay District shall apply within the corporate limits of the City of Anna in all
areas described in Appendix 4 and in all Districts designated as "C-1", "C-2", "C-3", "1-1",
"1-2", "CBRD" and "PD" (where commercial uses are allowed).
The regulations contained in this section are intended to be overlay zoning and will be
applied in conjunction with all underlying zoning that currently exists within an F-B
Overlay District. The regulations of the underlying zoning, and all other applicable
regulations, remain in effect. If provisions of the F-B overlay District conflict with
provisions of the underlying zoning or any other regulations, the provisions of the F-B
Overlay District shall prev~iI.
It shall be unlawful for any Food-Beverage Store to be constructed, erected, or placed
within 500 feet of another existing Food-Beverage Store unless the City Council grants
a special Use permit for a particular establishment that wishes to develop a Food
Beverage Store within 500 feet of an existing Food-Beverage Store. An establishment is
considered to be an "existing Food-Beverage Store" once the City has issued a valid
Certificate of Occupancy for a use that falls under the definition of a Food and Beverage
store final plat for its d8\t elopFRent has been appro"led by the Gity Gounal, wlen if it is
not yet oonstruGted or operational.
The measurement of the distance between Food-Beverage Stores shall be along the
property lines of the Street fronts and from front door to front door, and in direct line
across intersections.
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 $2,000 for each incidence
of violation. Each violation is considered a separate offense and will be punished
separately.
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 anyone or more
sections, subsections, sentences, clauses, and phrases 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
Ort!. 496 -2010 Amending F-B Overlay District.doc PAGE20F3 05-25-10
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.
PASSED by the City Council of the City of Anna, Texas, this 25th day of May, 2010.
ATTESTED: APPROVED:
Mayor
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