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HomeMy WebLinkAbout10-28-25-Ordinance-Amending Chapter 4, Alcoholic Beverages permit fee-10/06/2025 CITY OF SANGER,TEXAS ORDINANCE 10-28-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CITY OF SANGER CODE OF ORDINANCE, CHAPTER 4, BUSINESS REGULATIONS, ARTICLE 41000, ALCOHOLIC BEVERAGES, SECTION 4 1002 PERMIT REQUIRED AND ` SECTION 4 1007 OFF- PREMISES PERMIT , PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A CUMULATIVE CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY OR FINE IN ACCORDANCE WITH SECTION 1109 OF THE CODE OF ORDINANCE FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE, AUTHORIZING PUBLICATION,AND ESTABLISHING AN EFFECTIVE DATE WHEREAS,the City of Sanger(the"City")is a home rule municipality regulated by state law and Charter, and WHEREAS, during the 88tb Texas Legislature,Regular Session, the legislature passed Senate Bill 1008,which limits city and public health district authority with regard to food service establishments, and WHEREAS, Senate Bill 1008 also limits when a city or a public health district may charge a local license or permit fee under the Texas Alcoholic Beverage Code, and WHEREAS, effective September 1, 2025, the City of Sanger can no longer collect the Local Texas Alcoholic Beverage Commission (TABC) maximum local fee as established by the Commission for any food service establishment,retail food store,mobile food umt, roadside food vendor, or temporary food service establishment that has already paid a fee to operate to Texas Department of State Health Services (DSHS) or to any county, city, or public health district, and WHEREAS,the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS SECTION 1 That Chapter 4,Business Regulations,Article 4 1000,Alcoholic Beverages, Section 4 1002 Permit Required and Section 4 1007 Off-Premises Permit is amended as follows §41002 Reserved Ordinance —Amending Chapter 4,Alcoholic Beverages Page 1 of 2 § 4.1007. Permits. (a) Each application to the Alcoholic Beverage Commission for a wine and beer retailer's off-premises permit or for a mixed beverage permit for a location within the city limits shall be remitted to the city secretary. SECTION 2. 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 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance,since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word,phrase, clause, sentence, paragraph, or section. SECTION 4. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. _SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 6th day of October, 2025. APPROVED: ATTEST: Thomas E. Muir,Mayor tX,t (�,1 APPROVED TO FORM: Ke y Edi4 rds, City Secretark\`' S q' 7�,, �' . �CF p . City Attorney Ordinance —Amending Chapter 4, 99hoh�P$y@ri XF f,e .' /"iiiHrt'\' Page2of2 ORD 10-28-25 - Page 1 of 1 [def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle 2413 Fort Worth Dr (940) 387-7755 I, Edmar Corachia, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Denton Record-Chronicle, a publication that is a "legal newspaper" as that phrase is defined for the city of Denton, for the County of Denton, in the state of Texas, that this affidavit is Page 1 of 1 with the full text of the sworn-to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Oct. 11, 2025 Oct. 14, 2025 Notice ID: lBAhti654bUaMEuHin8S Notice Name: ORD 10-28-25 PUBLICATION FEE: $92.56 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of Florida County of Orange Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION Notarized remotely online using communication technology via Proof. 10/14/2025