HomeMy WebLinkAboutOrd 579-2012 Regulations Alcoholic Beverages.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 579-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA
CITY CODE OF ORDINANCES BY AMENDING PART II, ARTICLE III BY
ADDING REGULATIONS RELATED TO ALCOHOLIC BEVERAGES; BY
AMENDING PART III -C, ZONING ORDINANCE, SECTION 34.12
REGULATING LOCATION AND USES RELATED TO SALE OF ALCOHOLIC
BEVERAGES; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR A PENALTY; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously established
regulations related to the sale and consumption of alcoholic beverages; and
WHEREAS, certain of those regulations are set forth in ordinances that are not
codified in The Anna City Code of Ordinances ("Anna Code") and the City
Council desires to amend said regulations and codify the resulting regulations
into Part II, Article III, of the Anna Code; and
WHEREAS, the Council desires to repeal the ordinances referenced above once
the amended regulations take effect; and
WHEREAS, the City's Comprehensive Zoning Ordinance ("Zoning Ordinance") is
codified as Part III -C of the Anna Code; and
WHEREAS, after a duly noticed public hearing, the City Council of 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 of the
Anna Code, the Zoning Ordinance, regarding regulations pertaining to
establishments that sell alcoholic beverages; and
WHEREAS, the City Council has held the requisite public hearing(s) pertaining to
zoning and permitting procedures within the City and its consideration and
adoption of this ordinance was in compliance with the Texas Open Meetings Act;
and
WHEREAS, the City Council finds that within the Downtown Revitalization area
or "downtown area" as more specifically identified in Chapter 6 of the City of
Anna Comprehensive Plan 2010-2030 (the "Comprehensive Plan"), as shown in
Figure 13 of the Comprehensive Plan, no predominant permanent land use
exists; and
WHEREAS, the City Council finds that certain of its current regulations pertaining
to establishments that sell alcoholic beverages could have the result of
Ord. 579-2012 Regulations Alcoholic Beverages 2 04-24-12
unnecessarily restricting the sale of alcoholic beverages in the downtown area;
and
WHEREAS, the City Council finds that a mixture of land uses throughout the
downtown area should be encouraged, including but not limited to housing,
religious institutions, offices, shops, restaurants, hotels, light commercial, and
entertainment; and
WHEREAS, the City Council finds that for a mixture of such uses to occur, one
type of use should generally not prevent another type of use; and
WHEREAS, the City Council desires to foster a community with a business -
friendly environment in the downtown area that provides an atmosphere that
accepts people of all walks of life and encourages a sense of inclusion; and
WHEREAS, the City Council desires to provide incentives for businesses to
expand, start, improve or move into the downtown area by allowing for a variety
of uses, including but not limited to uses that include the sale of alcoholic
beverages, and further desires to attract businesses looking for a new branch
office or establishing headquarters in a small city; and
WHEREAS, the City Council desires that the downtown area provide an
opportunity for persons to park once and dine out, attend cultural events, enjoy
an urban yet local atmosphere in order to appeal to a large segment of local
residents; and
WHEREAS, the City Council finds that a small downtown with a variety of dining
and entertainment options, including establishments that sell alcoholic
beverages, would be
attractive to many businesses and nearby residents; and
WHEREAS, the City Council finds that in the past, there has been a willingness
on the part of property interest(s) associated with religious institutions to waive
the 300 foot distance rule related to sales of alcoholic beverages in favor of
allowing one or more restaurants to sell alcoholic beverages in the downtown
area; and
WHEREAS, the City Council finds that removing certain restrictions that could
otherwise prevent the sale of alcoholic beverages in the downtown area would
promote the desires and findings of the City Council as set forth herein; and
WHEREAS, the City Council finds that certain of the City's regulations governing
the sale of alcoholic beverages are in need of being updated to comply with the
Texas Alcoholic Beverage Code as amended; and
WHEREAS, the City has authority granted to municipalities under the Texas
Alcoholic Beverage Code §§ 109.31 and 109.32, to prohibit the sale of beer in
Ord. 579-2012 Regulations Alcoholic Beverages 3 04-24-12
any residential area within the City's corporate limits and to otherwise regulate
the sale of beer as permitted by said section; and
WHEREAS, the City has authority granted to municipalities under the Texas
Alcoholic Beverage Code § 109.33, and 109.331 to prohibit the sale of alcohol
within 300 feet of certain land uses including public and private schools,
churches, hospitals, day-care centers, and child-care facilities; and
WHEREAS, the City has authority granted to municipalities under the Texas
Alcoholic Beverage Code § 109.57(d) to regulate the location of establishments
that derive 75 percent or more of the establishment's gross revenue from the on -
premise sale of alcoholic beverages;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. Recitals Incorporated
The above -stated recitals and findings are incorporated herein by reference as if
set forth in full for all purposes.
SECTION 2. Ordinances Repealed.
Any provisions of the ordinances listed below in this section that remain in effect
at the time of the adoption of this ordinance are hereby repealed in their entirety,
effective as of the effective date of this ordinance:
Ordinance No. 108-2003;
Ordinance No. 182-2005;
Ordinance No.
Ordinance No.
Ordinance No.
Ordinance No.
Ordinance No.
Ordinance No.
Ordinance No.
183-2005;
184-2005;
185-2005;
186-2005;
187-2005;
385-2008; and
428-2009.
SECTION 3. Amendments to the Anna City Code of Ordinances.
3.01 In accordance with Part II, Article 9 of the Anna City Code of Ordinances
("Anna Code"), the following amendment is made to Part II of the Anna Code, by
codifying and/or providing new alcoholic -beverage related regulations in Article III
of Part II (said Article III having previously been reserved) as follows:
Article III ALCOHOLIC BEVERAGES
Section 1. Definitions
Ord. 579-2012 Regulations Alcoholic Beverages 4 04-24-12
Texas Alcoholic Beverage Code, such words or phrases shall have
those same definitions. All other words or phrases shall be defined
according to their ordinary meaning, unless specified otherwise.
(Ord. No. 579-2012, adopted 04-24-12)
Section 2. Permit Required; Associated Requirements and
Procedures
(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 Texas Alcoholic Beverage Code (" TABC") of every
person that may be issued anv 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 in this section, 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 gee and keep a record of same in the Citv
Secretary's office. All receipts issued for the payment of permit fees
under the provisions 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 period than one year.
Notwithstanding subsection (a), 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 subsection (a).
jc Before the City Secretary shall sign any application for a permit or
license regulated under the TABC, or any annual renewal, such
application shall be submitted to the appropriate CitV departments,
as determined by the City Manager to ensure that the application
complies with all City ordinances and regulations and are for
establishments located in a wet area.
(d) An annual processing fee in the amount of $250.00 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
section shall terminate at midnight on the day before the anniversary
date of their issuance, and no receipt shall be issued covering a
longer period than one year.,
Ord. 579-2012 Regulations Alcoholic Beverages 5 04-24-12
(Ord. No. 482-2009, adopted 01/27/09: Ord. No. 108-2003, adopted
09/09/03); cross reference: Part 111-C, Section 34.12.
Section 3. Regulations for Sale of Beer for On -Premises
Consumption
(a) No person shall be employed to serve food, beer or other drinks in
an establishment selling beer for on -premises consumption, unless
that employee has a health certificate.
No person other than the permittee or licensee for such
establishment may serve beer, or other drink or food to any
customer or patron of a such establishment, unless the person so
serving is employed by the permittee or licensee of such
establishment.
%i No person serving beer to any patron or customer of such
establishment shall receive, as compensation, any part of the price
Paid by the patron or customer for such beer, nor shall his or her
compensation be dependent on the amount of beer served.
(Ord. No. 579-2012, adopted 04-24-12,- Ord. No. 184-2005, adopted
02/12/05
Section 4. Regulations for Drive -Through Sales
(a) An establishment licensed for the retail sale of beer for off -premise
consumption—and which has at least 6,000 square feet of indoor
retail space—may utilize a window located on an exterior wall of the
establishment. Otherwise, no establishment may sell beer for off -
premise consumption through a window or any other apparatus that
does not require the purchaser to enter the interior of the
establishment in order to purchase beer.
(b) For purposes of this section a "window or any other apparatus" does
not include a doorway or other opening to the establishment that is
large enough to allow and does allow motor vehicles to enter or exit
any part of the establishment."
(Ord. No. 579-2012, adopted 04-24-12: Ord. No. 385-2008, adopted
06/10/08)
3.02 In accordance with Part 11, Article 9 of the Anna City Code of Ordinances,
the following amendment is made to Part 111-C, Section 34.12, by amending said
section as follows:
Ord. 579-2012 Regulations Alcoholic Beverages 6 04-24-12
(a) This section 34.12 shall not apply when the storage or serving of
alcoholic beverages is strictly for the consumption of the owners of
the premises and their guests at no charge. Othepwine the storage
I ale Of alGeholoc beverages by anyone fe
consumption by anyone shall he illegal unless on nnerty zoned
I WoGally for that purpose.
(Ord. No. 579-2012, adopted 04-24-12)
(b) The storage, possession, or sale of any alcoholic beverage, when
permitted by the laws of this state, shall be regulated and governed
as provided herein and in other applicable ordinances and
regulations of the -city City.
(Ord. No. 579-2012, adopted 04-24-12); Cross reference: Part ll, Article
I/I ALCOHOLIC BEVERAGES
(c) No neronn shall eRgage in the bUGiRess of staring ellinn n
nncnenning any elnnhnlin beverage in the city unless the glace nF
N
-q--U6 person 08 IGGated iR the Use District of the city
,..high the ctnr'n selling, or pessessing of Gnash alnnhnlin beverage
q6 --ppm The sale of liquor and the sale of beer is prohibited in
any residential area within the City's corporate limits. The term
"residential area" includes only locations that are not within the
downtown area identified in subsection (D of this section 54.12 and
that are within any of the following zoning districts or areas:
SF -E - Single Family Residential - Large Lot;
SF -1 - Sinale Familv Residential
SF -84 - Side Family Residential;
SF -72 - Single Family Residential;
SF -60 - Single Family;
SF -Z - Single Family Zero Lot Line;
SF-TH - Single Family Town Home;
MHA - Manufactured Home District;
MH -2 -. Manufactured Home Park District;
Ord. 579-2012 Regulations Alcoholic Beverages
04-24-12
MF -1 - Multiple Family Residential - Medium Density;
MF -2 - Multiple Family Residential - High Density:
PD - Any residential part of a Planned Development District;
or
Any tract, lot or subdivision upon which is located any of the
"Residential Uses" list in Appendix 3 of this Part of the Code,
as amended.
(Ord. No. 579-2012, adopted 04-24-12; Ord. No. 183-2005, adopted
02/12/05
(d) It shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within 300
feet of any church or public Hospital. The measurement of the
distance between the Alcoholic Beverage Store 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.
(e) It shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within 300
feet of any public or private school. The measurement of the
distance between the place of business 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 the property line to the base of the
floor on which the permit or license holder is located.
Ord. 579-2012 Regulations Alcoholic Beverages 8 04-24-12
(Ord. No. 579-2012, adopted 04-24-12)
(f) It shall be unlawful for any person who operates an Alcoholic
Beverage Store to sell alcoholic beverages within 300 feet of any
existing day safe -day-care orprivate school child-care facility. The
measurement of the distance between said Alcoholic Beverage
Store and the day Gafeday-care center or -private wheal child-care
facility shall be in a straight direct lin. n a'I„ u l oi�s from the said
business Alcoholic Beverage Store to the„eafe A-pGii#_gEoperty line
of the day Gare day-care center or private cho child-care facility.
Th measuremeRt a + +LIre shall be taken foWn the neaFes+
point that a struoture e)4ends in any diFectien, including overhanging
For the
purposes of this subsection and subsections (g) and (h), below, the
terms "day-care center" and "child-care facility" have the meanings
defined under Section 42.002, Texas Human Resources Code.
(Ord. No. 579-2012, adopted 04-24-12)
(9)
PON
119M -,jQG
(1) the permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building; or
(2) the permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is
Located on the second story or higher of a multistory building.
(Ord. No. 579-2012. adopted 04-24-12)
(h) AIGGhGIiG Beverage Stores shall be peFmitted in any GemmerGial
Unless an
establishment that derives 75% or more of the establishment's gross
Ord. 579-2012 Regulations Alcoholic Beverages
ULb36F1A
consumption first applies for and is granted a specific use permit by
the City Council, such establishment may not be located within 1000
feet of a public school, private school, church, day-care center or
child-care facility, as those terms are described in the Texas
Alcoholic Beverage Code. The measurement of the distance
between such establishment 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 such establishment and the public school,
private school, day-care center, or child-care facility 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
if the permit or license holder is located on or above the fifth
story of a multistory building, in a direct line from the properly
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 the property line to the base of the
floor on which the permit or license holder is located.
(Ord. No. 579-2012, adopted 04-24-12; Ord. No. 183-2005, adopted
02/^ 12/05)
(i) Notwithstanding a other nreyisie in this Dnrf of the Code if shall
be unlawful for any per-son who us engaged in the business of selling
alcoholic beveFages to sell alGeheliG beverages in er withIR 300 feet
of any residentially ,en A aFea Unless an establishment that derives
75% or more of the establishment's gross revenue from the sale of
alcoholic beverages for on-premises consumption first applies for
and is granted a specific use permit by the City Council, such
establishment may not be located within a THOR - Thoroughfare
Overlay District nor an F-B - Food - Beverage Overlay District as
those areas are defined in this Part of the Code as amended.
(Ord. No. 579-2012, adopted 04-24-12; Ord. No. 183-2005, adopted
02/12105)
(i1 Unless an establishment that derives 75% or more of the
establishment's gross revenue from the sale of alcoholic beverages
for on-premises consumption first applies for and is granted a
specific use permit by the City Council, such establishment may not
be located closer than 1,000 feet to an existing establishment that
derives 75% or more of the establishment's gross revenue from the
on-premises sale of alcoholic beverages. The measurement of the
distance between said establishments shall be in a straight line in all
Ord. 579-2012 Regulations Alcoholic Beverages 10 04-24-12
such establishment. The measurement for a structure shall be taken
from the nearest point that a structure extends in any direction,
including overhanging roofs and all projections or portions of said
structures. For the purposes of this subsection, the term "existing
establishment that derives 75% or more of the establishment's gross
revenue from the on -premises sale of alcoholic beverages" means
such an establishment that is in lawful operation or that has been
granted a specific use permit as required under this subsection.
(Ord. No. 579-2012, adopted 04-24-12; Ord. No. 183-2005, adopted
02/12/05
(k) Any specific use permit applied for under this section shall be
governed by the applicable provisions of this Part III -C of the Code
including but not limited to Section 37.
(D Notwithstanding anything to the contrary in this section, the
as the "downtown area," as said area is more specifically identified
in Chapter 6 of the City of Anna Comprehensive Plan 2010-2030.
Said "downtown area" shall not be considered to be a residential
area regardless of whether the downtown area includes residential
uses. Said "downtown area" shall be considered to be the same
"Downtown Redevelopment District" and depicted as within the bold,
solid black boundary line as shown in the figure below, or as the
area shown in said figure or DRD District as amended from time to
time:
Ord. 579-2012 Regulations Alcoholic Beverages 11 04-24-12
DOWNTOWN REDEVELOPMENT DISTRICT
Ord. 579-2012 Regulations Alcoholic Beverages 12 04-24-12
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Ord. 579-2012 Regulations Alcoholic Beverages 12 04-24-12
SECTION 4. Amendment to Comprehensive Plan
To the extent that any part of this ordinance conflicts with the City's
Comprehensive Plan as amended and the City's zoning map as amended,
(collectively, the "Plan"), the Plan shall be deemed to have been amended by this
ordinance.
SECTION 5. 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, sentence, clause, or
phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
SECTION 6. Penalty
It shall be a Class C misdemeanor to violate any provision of this ordinance or
the regulations adopted hereunder. The amount to be paid upon conviction shall
not exceed the amount set forth and as applicable in the Anna Code or in said
regulations, or the highest amount allowed by law, whichever is lower. Each day
such violation shall continue, or be permitted to continue, shall be deemed a
separate offense.
SECTION 7. 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.
PASSED by the City Council of the City of Anna, Texas, this 24th day of April,
2012.
ATTESTED:
�r
C' Secretary, Natha Wilkison „« ayor arre 1 . Driskell
QFqA
13 04-24-12
Ord. 579-2012 Regulations Alcoholic BeverartlbounH P