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