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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.