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0261-A ORDINANCE NO. 261-A AN ORDINANCE AMENDING ORDINANCE 261 OF THE CTMY OF SOUTHLAKE, TEXAS, BY ADDING A SUBSECTION 14.5 ENTIT_'D "SPECIAL EXCEPTION USE - ALCOHOLIC BEVERAGE SALES, SERVING, POSSESSION, AND STORAGE TO SECTION 14 - AMENDMENTS TO I'HE ZONING ORDINANCE; PROVIDING FOR REGULATION OF THE STORAGE, SALE, POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS; PROHIBITING THE SALE OF ALCOHC~IC BEVERAGES WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, WITHIN 300 FEET OF CERTAIN STRUCTURES AND PROVIDING FOR A METHOD OF iEASUREMENT OF SUCH ?DISTANCE; PROVIDING FOR A SPECIAL EXCEPTION USE FILING FEE AND A PERMIT FEE; PROVIDING FOR SALES OF BEER FCF.. OFF-PREMISES CON- SUMPTION ONLY IN LIGHT COMMERCIAL AND HEAVY COMMERCIAL DISTRICTS ONLY; PROVIDING FOR SALES OF MIXED DR.TNKS CONTAINING DISTILLED SPIRITS FOR ON-FREMISES CONSUMPTION IN HEAVY COMMERCIAL DISTRICTS ONLY; EXEMPTING SUCH USES WHEN ON RL~IDENTIAL PROPERTY UNDER CERTAIN SPECIFIC CONDITIONS; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE CORPORATE LIMITS OI' THE CITY OF SOUTHLAKE, TEXAS, WITHIN CERTAIN ZONING DISTRICT; PROVIDING A PENALTY; DEL- ETING THE PRESENT SECTION 14.4 (g) (1) AND REPLACING SAME WITH A NEW IDENTICALLY NUMBERED PARAGRAPH CORRECTING THE DISTRICTS DESIGNA12ED FOR SPECIAL USE PERMITS FOR SALES OF BEER FOR OFF-PREMISES CONSUMP- TION ONLY; ADDING A NEW SECTION 14.4 (g)(8) DESIGNATING A DISTRICT FOR SPECIAL USE PERMITS FOR SALES OF MIXED BEVERAGES CONTAINING DISTILLED SPIRITS FOR ON-PREMISES CONSUMPTION; AND PROVIDING A SEVERABILITY -CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAK?IE, TEXAS: SECTION 1. Ordinance Nc. 261 of the City of Southlake, Texas is hereby amended by adding a new Subsection 14.5, "Special Exception Use-Alcoholic Beverage Sales, Serving, Possession and Storage" to Section 14, "Amendments To The Zoning Ordinance", as follows: "14.5 Special Exception Use-Alcoholic Beverage Sales, Serving, Possession and Storage. (a) Not withstanding any provisions of this, or any other ordinance, currently in effect in the City of Southlake, Texas, the sale or storage and possession for sale of any alcoholic beverages when permitted by the laws of the State of Texas, shall be regulated as provided herein inside the corporate limits of the City of Southlake, Texas. (b) The storage or possession for sale and the sale of alco- holic beverages by anyone within the corporate limits of Southlake, Texas shall be illegal finless such storage, possession, or sale is on property for which a special exception use permit has been issued under this ordinance. The sale of alcoholic beverages by a dealer whose place of business is within 300 feet of any Church, public school or public hospital is hereby absolutely prohibited. The measurement of the distance shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. No use permit shall ever be issued for any dealer whose business is within the aforesaid 300 feet location so measured. (c) This ordinance shall not apply to any premises being used only as "residential" when the storage or serving of alcoholic beverages is strictly for the consumption of the occupants of the premises and his or her guests at no charge to said guests. (d) Except as specifically described in subparagraph (c) above, the storage or possession for sale or the sale of alcoholic beverages on 'prohibited zoned property', hereinafter described, shall be illegal and a special exception use permit shall not be granted therefor whether the storage, possession, or sale thereof is for consumption by anyone either on or off the premises. Such 'prohibited zoned property' heretofore mentioned in this subpara- graph (d) is described as property zoned "AG" Agricultural, "RE" Single Family 'Estate' Residential", "A-1" One-Family District, "A-2" Single Family Residential, "A-3" Single Family Residential, "A-6" Two Family Residential, "A-10" Multi-Family Residential, "M/MH" Mobile/Modular Home Park, "NSCC" Neighborhood Service Com- munity Commercial, "LI" Light Industrial, and "CY" Cemetary. (e) The storage or possession for sale and/or the sale of beer for off-premises consumption only shall be allowed only on property located in zoned districts designated as "LC" Light Commercial, and "11C" Heavy Commercial and shall only be allowed in such zoned districts pursuant to a special exception use permit obtained as hereinafter se!_- forth. Anyone desiring a special exception use permit for the storage or possession for sale and/or the sale of beer for off-premises consumption only on property located in zoned districts designated as "LC" Light Commercial or "HC" Heavy Commercial shall make written application for a special exception use permit in accordance with provisions of Section 14- Amendments To The Zoning Ordinance and file same with the City Secretary. In addition to any other requirements of Section 14, the application shall set forth the name of the owner of the property and the name of the holder of the particular permit from the Texas Alcoholic Beverage Commission under which the applicant proposes to operate and shall be signed by the owner of the property and the holder of the alcoholic beverage permit if both are not the same person. The application shall further state the type of permit or permits, as defined by the Texas Alcoholic Beverage Code and under which the applicant proposes to use such property in connection with alcoholic beverages. Such application for a special exception use permit for such use shall contain such further information as the City Council may require from time to time by resolution. (f) The storage or possession for sale and/or the sale of mixed beverages containing distilled spirits for on-premise con- sumption only shall be allowed only on property located in zoned districts designated as "HC" Heavy Commercial and shall only be allowed in such zoned districts pursuant to a special exception use permit obtained as hereinafter set forth. Anyone desiring a special exception use permit for the storage or possession for sale and/or the sale of mixed beverages containing distilled spirits for on- premise consumption only on property located in zoned districts designated as "HC" Heavy Commercial shall make written application for a special exception use permit in accordance with provisions of Section 14-Amendments To The Zoning Ordinance and file same with the City Secretary. In addition to any other requirements of Section 14, the application shall set forth the name of the owner of the property and the name of the holder of the particular permit from the Texas Alcoholic Beverage Commission under which the applicant proposes to operate and shall be signed by the owner of the property and the holder of the alcoholic beverage permit if both are not the same person. The application shall further state the type of permit or permits, and defined by the Texas Alcoholic Beverage Code and under which the applicant proposes to use such property in con- nection with alcoholic beverages. Such application for a special exception use permit for such use shall contain such further information as the City Council may require from time to time by resolution. (g) Public hearings, notices, recommendations by the Plan- ning and Zoning Commission and final action by the City Council under this subsection 14.5 shall be conducted under procedures heretofore provided in Section 14 in connection with other appli- cations to change zoning in this said Ordinance 261, as amended, including the payment of a Special Exception Use Filing Fee. If such special exception use permit is granted, a permit fee per annum shall be due at the time of issuance of said permit in an amount equal to the maximum fee an incorporated city can charge under the applicable provisions of "The Texas Alcoholic Beverage Code" as amended from time to time. If said permit is renewed by the date of its expiration without a new application and public hearings, then only the annual permit fee shall be due at the time of each renewal. The City Council shall have the right to require new applications and hearings on any renewal of such special exception use permit solely at the discretion of the City Council upon written notice mailed to the address of the premises named in such permit not later than 20 days prior to the expiration date of the permit. In such event, a new special exception use permit filing fee shall be paid. Said old permit shall continue in effect during the normal time period for public hearings and action by the City Council on the renewal application providing applicant files the application prior to the expiration date of the old permit. (h) A special exception use permit under this Subsection 14.5, if granted by the City Council, shall be for such period of time as set forth in said permit, not to exceed one year, and under the terms and conditions designated in said special exception use permit, and it is further provided that such special exception use permit is not a permanent zoning of said land but is merely a specific user permit for such property subject to revocation as reasonably provided for in said permit. The following acts shall be grounds for revocation of a permit whether specifically stated in the permit or not: (1) Violation of any Alcoholic Beverage Law of the State of Texas, (2) Violation of any health law of the City of Southlake, Tarrant County, or the State of Texas, or, (3) the maintenance of any public nuisance as defined in the judicial opinions of the courts of the State of Texas, or defined by any ordinance of the City of Southlake, Texas, or statute of the State of Texas. (i) Any such special exception use permit issued pursuant to this subsection 14.5 shall be issued personally in the name of the holder of a permit issued by the Texas Alcoholic Beverage Commission for (1) the sale of beer for off-premises consumption only or (2) the sale and possession of mixed beverages, including distilled spirits, for consumption on the licensed premises, and shall not be assignable, transferrable or negotiable in any manner and shall automatically be void and of no effect if such alcoholic beverage use is operated by anyone other than the person named in said permit. (j) It is hereby declared to be the intention of the City Council of the City of Southlake, Texas that the sections, para- graphs, sentences, clauses and phrases of this Subsection 14.5 of this ordinance are severable and if any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section. (k) The said Ordinance 261, except as amended by prior amendments and this Ordinance No. 261-A remains in effect in all other respects as originally passed. M (1) Any person violating or failing to comply with any provision of this Subsection 14.5 of this Ordinance shall be subject to the fines and penalties provided in Section 17 of Ordinance 261 providing for penalties of the Zoning Ordinance and each day any violation of non-compliance conditions continues shall constitute a separate offense and each sale of alcoholic beverages in violation of this ordinance shall constitute a sepa- rate offense. SECTION 2. Ordinance No. 261 of the City of Southlake, Texas is hereby amended by deleting Subsection 14.4 g(1) in its entirety and adding a new Subsection 14.4 g(1) to read as follows: "14.4 SPECIAL EXCEPTION USES-APPROVAL g. (1) Alcoholic Beverage Sales-Beer for off-premises consumption only ("LC"-Light Commerical and "HC"-Heavy Commerical) SECTION 3. Ordinance No. 261 of the City of Southlake, Texas is hereby amended by including a new Subsection 14.4 g(8) to read as follows: "14.4 SPECIAL EXCEPTION USES-APPROVAL g. (8) Alcoholic Beverage Sales-Mixed Beverages containing distilled spirits ("HC"-Heavy Com er ical) . '-T PASSED this day of 1981. Y7 ATT ST: City Secretary APPROV7 AS TO FORM-, City Attorney