HomeMy WebLinkAboutOrd 722-2016 - Alcohol Permit Fees CITY OF ANNA, TEXAS
ORDINANCE NO. -:
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING PART 11, ARTICLE 3,
SECTION 2 OF THE ANNA CITY CODE OF ORDINANCES REGARDING FEES FOR
PROCESSING OF TABC APPLICATIONS FOR ALCOHOL PERMITS; PROVIDING
FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR
PUBLICATION OF THE CAPTION HEREOF AND AN EFFECTIVE DATE.
WHEREAS, the Texas Alcoholic Beverage Code provides for fees to be charged by
municipalities in association with establishments applying for new and renewing
alcoholic beverage permits; and
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules, and regulations governing the manufacturing, distilling, brewing, importing,
transporting, storing for purposes of sale, distribution or sale of any alcohol beverages,
including without limitation fees associated with applications for alcoholic beverage
permits; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part 11, Article 3,
Section 2 of the Anna City Code of Ordinances ("Anna Code") by limiting the categories
of fees charged by municipalities in association with establishments applying for and
renewing alcoholic beverage permits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
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 11, Article I, Section 9 of the Anna Code, Part 11, Article 3,
Section 2 of the Anna Code is hereby amended by deleting subsection (d) of said
Section 2:
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
CITY OF ANNA,TEXAS ORDINANCE NO. � PAGE 1 OF 3
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 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 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 fee and keep a
record of same in the City 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.
(b) 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).
(c) 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 City 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 PrOGessing fee in the amount of$250.00 shall be GhaFged by the-City
SeGretary for aGGepting any appliGatien eF renewal. The City SeGretary shall issue a
rec;eipt fer the proGessing fee and keep a FeGE)rd of the same 1R the City SeGretary's
eff*Ge. All reGeopts issued foF the payment of fees under the terms E)
seGtien shall terminate at midnight on the day befere the anniversary date of thei
(Ord. No. , adopted 08/02/16; Ord. No. 590-2012, adopted 08/28/12; 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. Penalty.
A violation of any of the terms of this ordinance, whether herein denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
CITY OF ANNA,TEXAS ORDINANCE NO. -� t` PAGE 2 OF 3
any such violation shall be fined in an amount not to exceed $2,000 or the maximum
amount provided by law, whichever is lower. Each day of continuance of such 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, 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 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective 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, on this they day of
12016,
ATTESTED: APPROVED:
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City Secretary, Carrie Smith ,���, F /�rybr, Mike Crist
CITY OF ANNA,TEXAS ORDINANCE NO f` PAGE 3 OF 3
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