HomeMy WebLinkAboutOrd 385 Regulating more than 75% of gross sales from the on-premise sale of alcoholic beveragesTOWN OF WESTLAKE
ORDINANCE NO. 385
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REGULATING THE
LOCATION OF PLACES OF BUSINESS WHICH DERIVE MORE THAN SEVENTY
FIVE PERCENT OF THEIR GROSS SALES FROM THE ON -PREMISE SALE OF
ALCOHOLIC BEVERAGES IN THE TOWN OF WESTLAKE, TEXAS, REGULATING
SALES OF ALCOHOLIC BEVERAGES WITHIN PRESCRIBED DISTANCES OF
CHURCHES, PUBLIC SCHOOLS AND HOSPITALS; PROVIDING A SAVINGS
CLAUSE, PROVIDING A SEVERABILIY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the "Town") pursuant to the general police
power, the authorities granted to cities and towns by the Texas State Constitution, and State
Statutes, is authorized to regulate the use of land and businesses within the corporate limits of the
Town; and
WHEREAS, the Texas Alcoholic Beverage Code permits the Town to regulate the
location of places of business which derive more than seventy five percent (75%) of the place of
business' gross sales from the on -premise sale of alcoholic beverages; and
WHEREAS, the Texas Alcoholic Beverage Code permits the Town to regulate sales of
alcoholic beverages within prescribed distances of churches, public schools and hospitals; and
WHEREAS, this Ordinance is enacted to promote the public health, safety and general
welfare of the citizens of the Town.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: Definitions
For the purpose of this Ordinance "alcoholic beverage" shall mean alcohol, or any
beverage containing more than one-half of one percent of alcohol by volume, which is capable of
use for beverage purposes, either alone or when diluted. "Dealer" shall mean and refer to any
natural person or persons, corporation, business, partnership, sole proprietorship, joint venture or
other entity or organization, holding a permit for the sale of alcoholic beverages as authorized by
the Texas Alcoholic Beverage Code, and any employee, agent or servant thereof. "Place of
business" shall mean the physical location from which alcoholic beverages are sold.
SECTION 3: Restrictions on districts in which alcoholic beverage sales permitted.
A. No dealer which derives more than seventy five percent (75%) of the place of
business' gross sales from the on -premise sale of alcoholic beverages will be permitted in the
Town. Such establishments will only be allowed in the districts, and pursuant to the
requirements, specified in the Town's Comprehensive Zoning Ordinance,
SECTION 4: Restriction. on sales within prescribed distance of churches, schools and
hospitals.
A. Churches or public hospitals. It shall be unlawful and a violation of this
Ordinance for any dealer within the Town to sell from a place of business an
alcoholic beverage for on -premise or off -premise consumption within 300 feet of
any church or public hospital. The measurements of the distance between the
dealer's place of business where alcoholic beverages are sold 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, where they occur.
B. Public schools. It shall be unlawful and a violation of this Ordinance for any
dealer within the Town to sell from a place of business an alcoholic beverage for
on -premise or off -premise consumption within 300 feet of any public school. The
measurements of the distance between the dealer's place of business where
alcoholic beverages are sold and the public school shall be in a direct line from
the property line of the public school to the property line of the place of business,
and in a direct line across intersections.
SECTION 5: Licenses and Fees.
A. Requirements for filing application.
1. Any dealer applying for a Town license for the sale of alcoholic beverages,
issued by authority of the Texas Alcoholic Beverage Code, or to change
the location of the place of business designated in such a license shall
deliver to the Town Secretary for filing one copy of the appropriate forms
filed by the applicant with the Texas Alcoholic Beverage Commission for
the issuance of a license and a copy of the license issued by the Alcoholic
Beverage Commission.
2. An application for a Town license or for a change of location for an
existing license must be accompanied with scale drawing showing the
proposed or actual location of the dealer's place of business where
alcoholic beverages are sold in relation to streets, property lines, and the
location of the nearest church, public school or public hospital.
3. Any dealer applying for a renewal of a Town license for the sale of
alcoholic beverages, issued by authority of the Texas Alcoholic Beverage
Code, shall deliver to the Town Secretary for filing a copy of the renewed
state license or permit to show that the dealer has been issued a license or
permit to engage in such business by the Texas Alcoholic Beverage
Commission.
4. The Town license is valid for one (1) year from the date of its issuance.
B. License fee.
There is hereby levied on each dealer granted and holding a license under this Ordinance
or under the Texas Alcoholic Beverage Code and engaged in the business authorized by such
license in the Town an annual license fee. Such annual license fee shall be one-half of the fee
charged by the Texas Alcoholic Beverage Commission for each license.
C. Fee paid in advance annually; separate license for each place of business.
The fee for licenses as required by this Ordinance shall be paid in advance for one year.
A separate license shall be obtained for every place of business where the business of alcoholic
beverage sale is conducted.
D. Issuance and contents of license.
Upon receipt of the information required to be provided to the Town Secretary and upon
payment of the license fees and upon compliance with the provisions of this Ordinance, the
Town Secretary or designee may issue a license in the name of the Town, which shall
acknowledge receipt of the license fees and shall state on its face for which it is issued, the name
of the dealer, the expiration date of the State license, the purpose, the address of the dealer's
place of business and the issuance and expiration date(s) of the Town license, the signature of the
Town Secretary and the seal of the Town.
E. License to be displayed.
The license issued pursuant to this Ordinance by the Town Secretary or a designated
agent shall be displayed at all times in a conspicuous place within the dealer's place of business.
F. Reporting requirements.
1. The dealer of a place of business licensed by the State and Town for sale
of alcoholic beverages shall, on a quarterly basis, file with the Town
Secretary an affidavit, on an officially -approved form provided by the
Town Secretary, that reflects the gross sales of the particular place of
business for the preceding three (3) months, breaking down the sales of
food, alcoholic beverages and other items. The quarterly reports for the
previous three-month period shall be due on or before the 25" day of the
months of April, July, October and January.
2. The dealer of a place of business licensed by the State and Town for the
sale of alcoholic beverages shall also file with the Town Secretary on a
quarterly basis, at the same time the affidavit on total sales is filed, a copy
of the filing(s) supplied to the State for sales tax and alcoholic beverage
tax purposes for the previous three-month period.
G. Non -Compliance.
If a quarterly report reflects that the dealer is not in compliance with this Ordinance, then
the dealer shall be subject to the penalty contained herein and shall have its license revoked and
no longer be authorized to sell alcoholic beverages at the place of business in violation of this
Ordinance.
H. Right to Inspect.
The Town shall have the right to inspect the dealer's books and records to ensure
compliance with this Ordinance upon providing the applicant with at least four (4) hours notice.
SECTION 6: Conflicting Ordinances.
All other Ordinances of the Town of Westlake that are in conflict with this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 7: Savings
This Ordinance shall be cumulative of all other Ordinances of the Town affecting the
regulations of land use and zoning and shall not repeal any of the provisions of those Ordinance
except in those instances where the provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance.
SECTION S: Severability.
The provisions of this Ordinance are declared to be severable. If any section, sentence,
clause, or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it
being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity
of any part.
That this Ordinance shall take effect on the 11' day of December, 2000.
ATTEST:
1
ing Crosswy, Town ecretary
APPROVED AS TO FORM:
Scott Bradley, Mayor
Trent Petty, Town Manager
d�
/solemnly swear that atrue and correct copy of the Public Notice Ordinance No.
385 was published in 7fEkELLfR CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues ofthe newspaper bore inwhich such notice was published was April 3,
2001.
Acopy ufthe no ce as published, clipped from the newspaper isattached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS
M.
COUNTY OF TARRANT
Pam Nolte
this 24th day of April, 2001.tccertify which
witness myhand and seal ofoffice.
Notary Public, State of Texas
Printed Name nfNotary
yWycommission expires
u oe openea ana
pecified time. All
welcome to at-
TOWN OF WESTLAKE
ications and bid
ie obtained from
ORDINANCE NO. 388
king DepartmC-nt
f
address or by
;An ordinance of the Board of
,
Deby Woodard
Aldermen of the Town of
115.
Westlake,Texas, declaring a
moratorium from the effective
10TICE
date of this ordinance and
continuing until June 11,
2001, at 11:59 P.M., on the
issuance, acceptance or ap-
NOTICE
proval of any permits, appli-
DR PROPOSAL
cations, site plans, zoning
amendments, preliminary
Independent
plats and final plats on any
rict will accept
outdoor lighted recreational
tsais for Consul-
facilities in the Town of West-
aloyee Benefits
lake zoned R-0.5, R-1, R-2,
and R-5; directing the Town
dependent
Manager and his designees
>I District
of. the Town of Westlake to
g Department
conduct investigations in
er Parkwayconjunction
with the compati-
.
exas 7624
bility of any outdoor; lighted
recreational facilities regula-
A.M., ,May 8,
tions within the R-0.5, R-1, R -
r independent
2, and R-5 zoning districts to
ct is requesting
the overall' growth, develop -
r Consultant to
ment, land use, health', safety
trict in selection,
and welfare of the Town and
monitoring and
n of the school
report to the Planning and
Zoning Commission and the
When rk conestoSelling Yourcafe'
loyee benefits
Board of Aldermen as expe-
iis will include
rec-
his roc -nothing
ditiousiy as ns latiti to the
goes Him distance like the
ranee, Cancer,
ommendations relating
ng
_. Heart, Dental,
Cafeteria plans
R-0.5, R-1, R-2, and R-5 zon-
ingregulations; providing for
s.e T on thcb
;r pertinent em-
Jit. Keller Inde-
'
a method of repeal of this
moratorium; providing a sev-
provid
roadbg
�` i us- today.
hoof District is
erability clause; and
�nsultant for Em-
ing that this ordinance shall
ufits fora one-
take effect immediately upon
r
AUTOMOTIVE
JJ ✓
th the ability to
passage.
r additional one-
onsists of:
PUBLIC NOTICE
Call 8 171 =43 1 -2 2-31
Independent
A WESTLAKE
TOWN ORORDINANCENO.85
s For ale
trio has approx-
.
100 employees.
Independent
An Ordinance of the Town of
Westlake, Texas, regulating
- fey
trice has an en-
)f over 17,000
the location of'places of busi-
ness which derive more than
��
®;.
seventy five percent of their
t for Proposal
gross sales from the on -
Premise sale of alcoholic
he obtained by
�e following ofi-
beverages in the Town of
Westlake, Texas, regulatingj
Woodard,
sales of alcoholic beverages
within prescribed distances
singAendo 9 nt School
of churches, public schools,e�
and hospitals; providing a�
�� ort
!strict
er Parkway
savings clause, providing a
exas 76248
severability clause; and pro -
viding an effective date.
337 -7514
d f S h I
ll it tt
,en ort c 00
ves the right to
formality and to
all proposals.
PIP 1 10
06
;st IndePendent
It is now accept -
)ids for Library
M1-04-011 until
ay 4, 2001. Bids
ed at the speci-
date in the Pur -
Highway 114,
;247.
recifications and
nay be obtained
yce Poison, Pur -
Agent,
5.
'eserves the right
,r reject any/all
waive technical!-
TOWN OF WES LAKE
ORDINANCE NO. 382
An Ordinance of the Town of
Westlake, Texas, amending
the Comprehensive Zoning
Ordinance of the Town of
Westlake, Texas, by granting
a special use permit for a pri-
vate paluxy water well, locat-
ed at 4101 Aspen Lane; pro-
viding'for a severability
clause; providing for a penal-
ty of a fine not to exceed the
sum of Two Thousand
($2,000:00) dollars; providing
J
injunctive relief; and pro-
viding for an effective date.
TOWN OF WESTLAKE
ORDINANCE NO. 384
An Ordinance of the Town of
Westlake, Texas, amending
Article Vill of the Engineering
Standards and certain sec-
tions of Articles Xlll, subdivi-
sions, and XVI, ' definitions, of
the unified development code
relating to utility duct banks
as adopted by Ordinances
321, 344, 357, 361, and 363;
providing for a penalty; pro-
viding a severability clause;
providing a savings clause;
and providing for an effective
date.
TOWN OF WESTLAKE
ORDINANCE NO. 386
An ordinance amending the
comprehensive zoning ordi-
nance of the Town of West-
lake, Texas by replacing
Section 3, glare and spillover
lighting into residential prop-
erties of Article VII, perfor-
mance standards with a new
Section 3, outdoor lighting of
Article VII, performance stan-
dards; inserting new defini-
tions into Article XVI, defini-
tions; and providing for a sev-
erability clause; providing for
a savings clause; providing
for a penalty clause; and pro-
viding for an effective date.