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01-03-07-Ordinance-Adding the Regulation the Sale of Alcoholic Beverages-01/02/2007�A vqy 0i copy AN ORDINANCE OF THE CITY OF SANGER, TEXAS ORDINANCE NO. 0 l- 0 3- 0 7 AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER AS HERETOFORE AMENDED, BY AMENDING CHAPTER 4, TO ADD A NEW ARTICLE 4.1000, REGULATING THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the Code of Ordinances of the City of Sanger, Texas, is hereby amended by amending Chapter 4 to add a new Article 4.1000 "Alcoholic Beverages" as follows: "ARTICLE 4.100 ALCOHOLIC BEVERAGES See. 4.1001 Definition The term "Alcoholic Beverages" as used in this article shall have the meaning stated in the Texas Alcoholic Beverage Code, and shall specifically include beer, wine and mixed beverages, as those terms are defined in the Code. See. 4.1002 Permit Required (a) There is hereby levied a permit fee on each premise within the City for which an alcoholic permit fee is required under the Texas Alcoholic Beverage Code. The amount of the fee shall be one-half of the state fee for each permit issued for premise located within the City. This fee shall be paid by the permittee when the application for such permit, or a renewal thereof, is made to the state. (b) Those exemptions from the permit and fee requirements of the Texas Alcoholic Beverage Code are also adopted by the City. (c) Upon payment of the applicable permit fee prescribed in this section to the City Secretary and exhibition to the City Secretary of a permit duly issued by the state to the applicant or person paying such fee, the City Secretary shall, in the name of the City, issue and deliver to such applicant or person a permit to engage in the business in the City of the character described in and authorized by the permit from the state. The permit issued by the City shall authorize the conduct of such business upon the premise, and shall remain in force only so long as the permit from the state remains in force. Page 1 ORD 11843 Section 4.1003 Sale of Beer and Wine Prohibited in Residential Areas The sale of beer and wine in residential areas of the City is hereby prohibited, in accordance with Section 102.32 of the Texas Alcoholic Beverage Code. Section 4.1004 Sale of Alcoholic Beverages Near Churches, Public Hospitals, Day Care Centers, Child Care Facilities, Public Schools and Private Schools (a) Churches and Public Hospitals (1) The sale of alcoholic beverages within three hundred feet of a church or public hospital is hereby prohibited. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a 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. (b) Daycare Center or Childcare Facility (1) The sale of alcoholic beverages within three hundred feet of a daycare center or a childcare facility is hereby prohibited. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a daycare center or childcare facility, as those terms are defined by Section 42.002 of the Human Resources Code, shall be in a direct line from the property line of the daycare center of childcare facility to the property line of the place of business, and in a direct line across intersections. (c) Public Schools (1) The sale of alcoholic beverages within three hundred feet of a public school is hereby prohibited. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a 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. (3) Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the application with the commission. A copy of the notice must be submitted to the commission with the application. This subsection Page 2 ORD 11843 does not apply to a permit or license covering a premise where minors are prohibited from entering the premises under Section 109.53. (d) Private Schools (1) The sale of alcoholic beverages within three hundred feet of a private school is hereby prohibited if the City Council receives a request from the governing body of the private school to extend the distance requirement from three hundred feet to one thousand feet. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and a private school shall be in a direct line from the property line of the private school to the property line of the place of business, and in a direct line across intersections. (3) Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the application with the commission. A copy of the notice must be submitted to the commission with the application. This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the premises under Section 109.53. (e) Exceptions (1) The above regulations prohibiting the sale of alcoholic beverages within specified distances from churches, public schools, daycare centers, childcare facilities, public schools and private schools are subject to any and all conditions and exceptions established in the Texas Alcoholic Beverage Code. Section 4.1005 Hours of Sale of Alcoholic Beverages (a) Off Premise Beer and Wine Permittee (1) The hours for sale and delivery for alcoholic beverages sold under a wine and beer retailer's off premise permit. A person may sale, offer for sale, or deliver beer or wine between 7:00 a.m. and midnight on any day except Sunday. On Sunday he may sell beer and wine between midnight and 1:00 a.m. and between noon and midnight, except that permittees are licensees authorized to sell for on premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer. Page 3 ORD 11843 (2) A holder of a retail dealer's on premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2:00 a.m. on any day. Section 4.1005 Signs and Advertising All signs and advertising in the City must comply with Chapter 108 of the Texas Alcoholic Beverage Code." SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Sanger, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Sanger, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. PASSED AND APPROVED by the City Council of the City of Sanger, Denton County, Texas, on the c4 day of (�(j,f 200f7 - APPROVED: E\ C4Kn,4,k— tT a Higgs, 7eRoaiifChavez. ST- City Secretary Page 4 ORD 11843 APPROVED AS TO FO City Attorney (SEAL) Page 5 ORD 11843 01tDINANCE 01-03-07 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING' THE CODE OF ORDINANCES OF THE CITY OF SANGER AS HERE- TOFORE AMENDED, BY AMENDING CHAPTER 4, TO ADD ANEW ARTICLE 4.1000, REGULATING THE SALE OF ALCOHOLIC BEV ERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUN- DRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. IDuly passed by the City Council of`fhe City of Sanger, Texas, on the 2nd .tom., of ianitarv. 2007. �!/�