01-03-07-Ordinance-Adding the Regulation the Sale of Alcoholic Beverages-01/02/2007�A vqy
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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.
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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
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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.
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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
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APPROVED AS TO FO
City Attorney
(SEAL)
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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. �!/�