Loading...
0161-053. t ORDINANCE NO. 161- AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE CITY OF SOUTHLAKE, TEXAS, BY ADDING PARAGRAPH 4 TO SECTION VII.SUPPLEMENTARY DISTRICT REGULATIONS "ALCOHOLIC BEVERAGES SPECIFIC USE PERMIT"; AN ORDINANCE REGULATING THE STORAGE, SALE, POSSESSION OR SERVING OF ALCOHOLIC BEVERAGES WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR SUCH USES TO BE PERMITTED ONLY ON PROPERTY DESCRIBED IN A "SP" SPECIFIC USE PERMIT; EXEMPTING SUCH USES WHEN ON RESIDENTIAL PROPERTY UNDER CERTAIN SPECIFIC CONDITIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Ordinance No. 161 of the City of Southlake, Texas is hereby amended by including the following as paragraph 4, of Section VII. "Supplementary District Regulations": "4. Alcoholic Beverages- "SP" Specific Use Permit (a)Not withstanding any provisions of any ordinance currently in effect in the City of Southlake, Texas, the storage, sale, possession or serving 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, possession, sale or serving of alcoholic beverages by anyone within the corporate limits of Southlake,Texas shall be illegal unless such storage, possession, sale or serving is on property for which a specific use permit has been issued under this ordinance. (c). This ordinance shall not apply to the 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, possession, sale or serving of alcoholic beverages on"prohibited zoned property"hereinafter described shall be illegal and a specific use permit shall not be granted therefor whether the storage, possession, sale or serving thereof -is for consumption by anyone either on or off the premises. Such "prohibited zoned property"heretofore mentioned in this subparagraph (d) is property zoned "AG" Agricultural District, "A-1" One-Family District, "A-2" One-Family District, "A-3" One Family District, "A-6" Two Family District, and "A-10" Multi-Family District, as set forth in said Ordinance 161. (e), Anyone desiring a specific use permit in connection with alcoholic beverages on land zoned other than prohibited zoning as set forth in subparagraph (d) above shall make written application for a specific use permit and file the same with the City Secretary. Such app,lication shall give the name of the owner of the property and shall be signed by such owner and give the name, address of the owner and the legal description of the property. Such application shall further state the type of permit or permits, as defined by the Texas Liquor Control Act of the State of Texas which the applicant is requesting from the Texas Liquor Control Board and under which the applicant proposes to use such property in connection with alcoholic beverages. Such application shall contain such further information as the City Council mays require from time to time by resolution. If Xfu l operat9W of alcoholic beverage use is a different person than the owner of the property involved, both the owner and the agent or Lessee of the owner who will be actually operating the alcoholic beverage use shall sign said application. (f). Public hearings, notices, recommendations by the Planning and Zoning Commission and final action by the City Council shall be conducted under procedures heretofore provided otherwise in connection with other applications to change zoning in this said Ordinance 161 except that the filing fee for each application shall be the sum of $ paid at the time of filing and if such permit is granted a permit fee of per annum shall be due at the time of issuance of said permit. 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 specific 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. 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. (g). A specific use permit, 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 specific use permit and it is further provided that such specific use permit is not a permanent zoning of said land but is merely a specific use permit on 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, Texas, 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 i r (h). Any such specific use permit issued shall be issued personally in the name of the operators of the alcoholic beverage use 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. (i). Any person violating or failing to comply with any provision of this ordinance shall be fined upon conviction, not less than $1.00 nor more than $200.00 and each day any violation of non-compliance conditions continues shall constitute a separate offense. (j). The word "person" as used in this ordinance shall include individual persons who have been a citizen of Texas for a period of at least one year immediately preceding the filing of the permit application as well as partnerships, corporations, and other business firms so long as the partnership or other business firm is composed wholly of persons who have been citizens of Texas for over one year immediately preceding the filing of said application and iA the case of corporations, corporations whose stock is owned at least to the extent of 51% by persons possessing at least one year citizenry qualification. M. It is hereby declared to be the intention of the City Council of the City of Southlake, Texas, that the sections, paragraphs, sentences, clauses and phrases 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. . (1). The said Ordinance 161, except as amended by prior amendments and this Ordinance No. 161' 573 remains in effect in all other respects as originally passed. (m). In view of the recent alcoholic beverage election and the decision of the City Council of the City of Southlake, Texas that its present zoning ordinances and regulations are inadequate to properly safeguard the health, morals, peace and general welfare of the citizens of the City of Southlake, Texas in connection with alcoholic beverage uses creates an emergency for the immediate. preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and publication and it is accordingly so ordained. PASSED this c;Z day of C 1913. 01 Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney