HomeMy WebLinkAboutOrd 108-2003 Annual Permits & Licenses for sale of Alcoholic Beverages.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 108-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
("CITY"), ESTABLISHING THAT ANNUAL PERMIT AND LICENSES ARE
REQUIRED AND ESTABLISHING FEES FOR APPLICATIONS FOR PERMITS
AND LICENSES UNDER THE TEXAS ALCOHOLIC BEVERAGE CODE;
ESTABLISHING PROCESSING PROCEDURES AND FEES FOR
APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS
ALCOHOLIC BEVERAGE CODE; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") understands
that a local option election will be held September 13, 2003; and
WHEREAS, should the local option election allowing off -premises sale of alcoholic
beverages be passed, all applications for permits and licenses ("Applications")
processed by the Texas Alcoholic Beverage Commission ("TABU) under the Alcoholic
Beverage Code ("ABC') must be submitted to the City Secretary for approval and
signature; and
WHEREAS, before the City Secretary can sign the Applications, they must be
processed by appropriate City departments to ensure that all local 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");
WHEREAS, the ABC authorizes the City to collect local fees for permits and licenses
equal to one-half of the State of Texas fee for the permit or license ("Permit Fee"); 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 Incorporated.
The findings set forth above are incorporated into the body of this ordinance as if fully
set forth herein.
Page 1 of 3
SECTION 2: Permit Required and Annual Permit Fee Established.
It shall be unlawful for any person to manufacture, distill, brew, import, transport, store
for purposes of sale, distribute or sell any beer or wine within the City without having
first paid a annual City Permit Fee equal to one-half of the State of Texas fee required
by the ABC 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 beer or wine. Such Permit Fee shall be
paid to the City Secretary annually. The City Secretary shall issue a receipt for the
Permit Fee and keep a record of the 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 (1) year.
SECTION 3: Processinq Procedures Established.
Before the City Secretary shall sign any Application for a permit or license under the
ABC, or any annual renewal, such Application shall be submitted to the appropriate
City departments, as determined by the City Administrator to ensure that the
Application complies with all City ordinances and regulations and are for
establishments located in a wet area.
SECTION 4: Annual Processinq Fee Established.
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 term than one (1) year.
SECTION 5: SavinqsIRepealinq 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 ordinances shall remain in full force and effect.
SECTION 6: Severabilitv.
Should any section, subsection, sentence, clause or phrase of 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 hereby declares that it would have passed this ordinance,
Page 2 of 3
and each section, subsection, 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 7: Effective Date.
This Ordinance shall become effective immediately upon its passage.
PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 9th day
of September, 2003.
AYE 5"
NAY G'
ABSTAIN 0
APPROVED:
ATTEST:
/ +&5sz-
eth Pelham, Mayor
Wayne c. Cummings, City Secretary
Page 3 of 3