HomeMy WebLinkAboutOrd 385-2008 To Allow for Drive-Through Sales.pdfCITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
REPEALING AND REPLACING SECTION 4 OF ORDINANCE NO. 185-2005
(PROHIBITION OF DRIVE-THROUGH BEER SALES) TO ALLOW FOR DRIVE-
THROUGH SALES OF ALCOHOLIC BEVERAGES BY CERTAIN
ESTABLISHMENTS; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, REPEALING
AND SEVERABILITY 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") has investigated
and determined that it would be advantageous and beneficial to the City of Anna, Texas
("the City") and its citizens to repeal Section 4 of Ordinance 185-2005 prohibiting drive-
through beer sales; and,
WHEREAS, City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to allow drive-through sales of
alcoholic beverages by certain establishments; Now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Repealing Section 4 of Ordinance 185-2005 regarding drive-through
beer sales
Section 4 of Ordinance No. 185-2005 (Prohibition of Drive -Through Beer Sales) is
hereby repealed and replaced by the following:
"Section 4. Drive-through sales of alcoholic beverages.
(a) An establishment licensed for the retail sale of beer, wine
and liquor 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 for the sale of
alcoholic beverages. 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 ordinance a "window" does not include
any doorway or other opening to the establishment that is large
enough to allow a motor vehicle to enter or exit any part of the
establishment"
CITY OF ANNA, TEXAS ORDINANCE NO. x60 8 PAGE 1 OF 2
Section 2. 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 $500 for each incidence of
violation. Each violation is considered a separate offense and will be punished
separately.
Section 3. Savings, Severabiltty 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 hereby 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
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 4. Publication of the Caption Hereof and Effective Date
This ordinance shall be effective upon its passage by the City Council, execution by the
Mayor, and any publication prescribed by law.
PASSED by the City Council of the City of Anna, Texas, this 1& day of June 2008.
ATTESTED: APPROVED:
4!0"2_
Ci Secretary, Natha Wilkinson iMayor, Kenneth Pelham
,of OF
CITY OF ANNA, TEXAS ORDINANCE NO. 311-
'2002 PAGE 2 OF 2