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03/01/2007-PZ-Agenda Packet-RegularAGENDA PLANNING AND ZONING THURSDAY, MARCH 1, 2007 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order. 2. Minutes: February 15, 2007 December 28, 2007 3. Conduct Public Hearing to Consider Possible Amendments to the City of Sanger Zoning Ordinances. 4. Consider and Possible Action on Recommendation of Proposed Ordinance #03-08-07 - Amending the Zoning Ordinance by Amending Section 42.2 Special definitions and Amending 30.2 Schedule of Uses; Amending the Code of Ordinances by Amending Section 3.104 Sign Regulations 5. 6. 7. Consider and Possible Action Regarding the Thoroughfare Plan Map for the City of Sanger. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Adjourn. Rosalie Chavez, City W, x Date & Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MEMO February 26, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: December 28, 2007 minutes The minutes from December 28, 2007 are included for approval. The changes from the last meeting have been included; however, no change was made regarding the motion to Item V. Rose and I listened to the tape, and the minutes reflect the motion that was made. MINUTES: PLANNING AND ZONING DECEMBER 28, 2006 PRESENT: Jimmy Frazier, Thomas Muir, Gary Bilyeu, Paul Edleman, Russell Martin ABSENT: Jerry Jenkins, Brian Hutcherson OTHERS PRESENT: City Manager Jack Smith, Engineering Coordinator Samantha Renz, City Secretary/Assistant City Manager Rose Chavez, City Engineer Rob Woods, Economic Development Director Cecile Carson, Councilman Glenn Ervin 1. Gary Bilyeu called meeting to order. 2. Conduct Public Hearing to Consider a Replat on property legally described as Willowood Addition Lot 1, Block H. This will Replat Lot 1 into 13 Residential Lots. Public Hearing Opened. No Discussion. Public Hearing Closed. 3. Consider and Possible Action on a Replat for property legally described as Willowood Addition Lot 1, Block H. This will Replat lot 1 into 13 residential lots. Gary Bilyeu asked what the original plat looked like. Staff indicated it is currently one large lot. Thomas Muir moved to approve the plat as recommended by Staff. Jimmy Frazier asked about the street and if it would be put in. City Engineer indicated it would be built with Phase 2. Discussed that sidewalks will be enforced. City Engineer indicated there will be a tie into this subdivision, eventually First Street will tie into Quail Run. Paul Edleman indicated he would like to see developers come in and build a larger home. This would mean more taxes and less impact on the system. Cecile Carson indicated they would have the opportunity to discuss zoning that will address this issue. Jimmy Frazier seconded the motion. Motion carried unanimously. 4. Conduct Public Hearing to Consider a Zoning Change from Agriculture (AG) to Business 2 (B2) on Property legally described as N.L. Hobbs Addition, Lots 14, Block A. Property is located on the corner of Marion and FM 455. Public Hearing Opened. No Discussion. Public Hearing Closed. 5. Consider and Possible Action Regarding a Zoning Change from Agriculture (AG) to Business (B2) on Property legally described as N.L. Hobbs Addition, Lots 14, Block A. Property is located on the corner of Marion and FM 455. Discussion regarding whether or not this land was in the city limits. Discussed zoning of the surrounding properties. Cecile Carson indicated the request does fit the current land use plan. Paul Edleman moved to approve the zoning request change from AG (Agriculture) to B2 (Business 2). Thomas Muir seconded. Motion carried 4 to 1. Russell Martin voted no. 6. Conduct Public Hearing on Adding a Zoning Category for Beer and Wine Sales and for Drive Thru Sales. Public Hearing Opened. None. Public Hearing Closed. 7. Consider and Possible Action Adding a Zoning Category for Beer and Wine Sales and for Drive Thru Sales. Cecile Carson indicated she had been working with the City Attorney and he did not want to have a specific category called `Beer and Wine Sales". He wants to tie it into "Quick Serve Food and Beverage Shop". Current Definition: Quick -Service Food and Beverage Shop - An establishment offering food or beverage to customers either through an automobile pick-up window or a walk-up window, and with eating space provided within the building. Ms. Carson indicated he suggested they add .... `with or without" eating space provided. Then a beer barn would only be allowed with certain requirements having been met. She explained that they cannot out -right ban a beer barn. Discussion regarding the attorney's advice and TABC regulations. Ms. Carson indicated that currently the ordinance is written to allow the drive thru service in Bl and B2 and with a Specific Use Permit in I1, I2, and B3. Gary Bilyeu indicated he had a copy of the City of Coppell's and they did not allow Beer and Wine drive thru sales. Ms. Carson indicated they could do all of the categories under a Specific Use Permit. These permits give the Commission and Council a great deal of control. The City Attorney advised her that the best way to control these is by the Specific Use Permit. This would also cover a new fast food restaurant or any other drive thru service including Beer and Wine sales. Gary Bilyeu asked why they could not put under "Retail and Service Type Uses" add "Beer and Wine off premises sales" Discussed that Food and Beverage Sales is not defined in our current ordinance. Discussed other definitions in the ordinance. Jimmy Frazier indicated that our land use chart at the top there are 16 categories, Royse City has 9, the City of Melissa has 10. Some of them are redundant and need to be done away with. Discussed ordinances need to be reviewed and changed. Paul Edleman asked Cecile Carson to read the definition she was proposing. Ms. Carson read the definition as follows: Quick -Service Food and Beverage Shop - An establishment offering food or beverage to customers either through an automobile pick-up window or a walk-up window with or without eating space provided within the building. Russell Martin read the City of Coppell's language from their website as follows: "Permitted in grocery stores, convenience stores and other retail stores subject to all TABC regulations and measurement requirements, as detailed in (insert City of Sanger ordinance no.) The outside storage or display and sale of product in the open is not permitted. Drive -through or drive -up service is prohibited Thomas Muir indicated that is what they want, and this was written by the same firm that our City Attorney is with. Discussion regarding the City of Coppell's ordnance (website language). Gary Bilyeu asked why could they not use the language adopted by the City of Coppell. Ms. Carson indicated this is similar to what she originally had, and the City Attorney did not recommend it. Planning and Zoning Commission discussed they would like the language in Coppell's ordinance to be put into the City of Sanger's ordnance and sent to the Council. Gary Bilyeu read the three sentences they wanted added to the ordinance: "Permitted in grocery stores, convenience stores and other retail stores subject to all TABC regulations and measurement requirements, as detailed in (insert City of Sanger ordinance no.) The outside storage or display and sale of product in the open is not permitted. Drive -through or drive -up service is prohibited." Jimmy Frazier moved to adopt an ordinance that included the following language: "Permitted in grocery stores, convenience stores and other retail stores subject to all TABC regulations and measurement requirements, as detailed in (insert City of Sanger ordinance no.) The outside storage or display and sale of product in the open is not permitted. Drive -through or drive -up service is prohibited." Russell Martin seconded. Motion carried unanimously. Discussed distance requirements, and the special allowance for private schools. Thomas Muir moved to ask Council to consider the 1000' education allowance for school districts. Paul Edleman seconded. Motion carried unanimously. Discussion followed regarding other TABC Regulations. 8. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Gary Bilyeu indicated they had discussed theat the Single Family zoning would be the highest priority. Thomas Muir indicated there were a lot of changes, and he thought instead of changing this ordnance they should look at adopting a whole new one and then make changes. Gary Bilyeu asked to schedule a session to discuss the ordinances. Workshop scheduled for January 11, 2007 at 6:00 p.m. 9. Meeting Adjourned. MINUTES: PLANNING AND ZONING February 15, 2007 PRESENT: Jerry Jenkins, Gary Bilyeu, Paul Edleman, Jimmy Frazier, Thomas Muir, Russell Martin, Brain Hutcherson OTHERS PRESENT: City Manager Jack Smith, Economic Development Director Cecile Carson, Engineering Coordinator Samantha Renz, JT Thompson, Robert Patton 1. Chairperson Jerry Jenkins called meeting to order. 2. Approve Minutes: November 16, 2006 December 28, 2006 January 11, 2007 January 18, 2007 Thomas Muir indicated that "Brian Hutcheson" should be corrected to show "Brian Hutcherson" on all minutes. Item #5 on December 28'", should show that Thomas Muir seconded, not Russell Martin. Jerry Jenkins indicated that on Item #5 on the November 16'" minutes the word "all" should be changed to "allow". Cecile Carson indicated that on same meeting the commission discussed "no drive thru sales". Thomas Muir indicated that on the November 16" meeting, on Item #4 "fro" should be change to "for", and that on the January 111" minutes "12" should be changed to "120". He also indicated that on the January 18" meeting, the item regarding the First Baptist Church that is should show that Brian Hutcherson made the motion. Jimmy Frazier indicated he was present at January 11" meeting. Discussed the language of the City of Coppell's Beer and Wine Sales ordinance. Jerry Jenkins indicated the ordnance was going back to the City Council. City Manager indicated the Council will consider an ordnance that will require that Beer and Wine Sales would be considered under a Specific Use Permit in all zoning categories. Discussion continued regarding the Beer and Wine Sales ordnance. Discussed drive thru sales of beer and wine. Paul Edleman indicated he thought the intention of the new sign regulations was to not allow outside signs that advertised beer and wine. He did not think it out Jawed a sign visible from the road. Cecile Carson indicated the wording is from the Coppell ordinance. Jerry Jenkins asked if the entire ordinance can be put back on the Planning and Zoning Commission's agenda. Cecile Carson indicated it has to come back to the Planning and Zoning if there is a change. Discussion continued regarding neon signs and advertising. Jerry Jenkins directed staff to put the ordnance back on the next agenda, he asked that they also include a copy of TABC regulations on signs and advertising. Thomas Muir moved to approve the November 16, 2006 minutes as corrected. Russell Martin seconded. Motion carried unanimously. Paul Edleman moved to post -pone the December 281" minutes as corrected, Gary Bilyeu seconded. Motion carried unanimously. Thomas Muir moved to approve the January 11" minutes as corrected, Russell Martin seconded. Motion carried unanimously. Thomas Muir moved to approve the January 18" minutes as corrected, Jimmy Frazier seconded. Motion carried unanimously. 3. Consider and Possible Action on the Final plat for Bubba's Ranch, Being 5.501 Acres in the R. Bebee Survey, Abstract #29, in the E.T.J. of the City of Sanger. Paul Edleman moved to approve the Final Plat of Bubba's Ranch as presented. Jimmy Frazier seconded, Motion carried unanimously. 4. Conduct Public Hearing Regarding a Specific Use Permit for the Purpose of Building a Municipal Fire Station on property legally Described as Abstract 1241 H. Tierwester Survey, Tract 2", Being 1.923 Acres to be Known as Fire Station Addition. Public Hearing Opened. No Discussion. Public Hearing Closed. 5. Consider and Possible Action Regarding a Specific Use Permit for the Purpose of Building a Municipal Fire Station on property legally Described as Abstract 1241 H. Tierwester Survey, Tract 299, Being 1.923 (corrected as 3.212) Acres to be Known as Fire Station Addition. Discussed the location of the lot and the flood plain. Paul Edleman asked if this was the best use for this land. City Manager indicated the land was purchased by the Sanger Volunteer fire association for the purpose of a fire station. Jerry Jenkins asked if any city building is required to have a specific use permit. Discussed zoning locations. Discussed the acreage is incorrect on the legal description. Paul Edleman moved to approve the Specific Use Permit for the Purpose of Building a Municipal Fire Station on property legally Described as Abstract 1241 H. Tierwester Survey, Tract 299, Being 3.212 Acres to be Known as Fire Station Addition. Jerry Jenkins seconded, Motion carried unanimously. 6. Consider and Possible Action on the Preliminary Plat for Fire Station Addition, Being 1.923 (corrected as 3.212) Acres in the City of Sanger. Property is Located on Willow Street (McReynolds Road). Jerry Jenkins read agenda briefng from the City Engineer. Jerry Jenkins indicated in a conversation he had with a representative from the Tomlin Group they indicated that they plan to re -build their half of that entire street from the railroad track passed Sable Creek Addition. Discussion followed regarding the street. Discussion that the water service should show that it is provided by the City of Sanger, and not Bolivar Water. Staff indicated this has been noted for correction on the final plat. Gary Bilyeu moved to approve the Preliminary Plat for Fire Station Addition, being 3.212 acres in the City of Sanger, with the correction to the acreage and general notes. Russell Martin seconded, Motion carried unanimously. 7. Consider and Possible Action Regarding the Thoroughfare Plan Map for the City of Sanger. Cecil Carson gave the members a proposed thoroughfare plan map. Jerry Jenkins indicated in the steering committee for the planning group this was their main discussion. They are asking the commission to make any changes or suggestions on that map. Cecile Carson indicated that MPRG took the previous map and looked at it. The goal that they had was to have primary roadways with one mile in between. She discussed the distance between each main road and the different types of roads. Discussion regarding location, size and type of roads. Discussed collector and primary roads, including function and construction.. Ms. Carson asked the Commission to look at the maps and add any suggestions that they have. Discussed the future expansion of the Toll Road. Discussed FM 455 and the future widening, as well as the need to divert traffic elsewhere. Ms. Carson indicated she would like to bring this back tot he Commission on March In with any changes that have been submitted, then the Steering committee will look at it on March 15", they will then lay the land study use over this and decide where to put what categories. Discussion followed regarding the thoroughfare plan. Ms. Carson requested they make any changes and get them back to her no later than close of business on Tuesday. Discussion continued regarding the thoroughfare plan, the future widening of FM 455 and the current progress of the TxDOT bridges. 8. Consider and Possible Action on Review of Zoning, Subdivision and Building Ordinances. Cecile Carson gave the commission information on Single family as requested from the workshop. Ms. Carson discussed the proposed single family chart and the other two hand outs. Discussion followed regarding zoning categories. City Manger reminded Commission that a developer can come in with a PD to build something other than what would fit into one of these categories. Gary Bilyeu asked Ms. Carson if she had ever heard of on a time limit on developing under a current code. Ms. Carson indicated that there are some communities that have put in stipulations. Discussion regarding adding stipulations to the code. City manager indicated that staff had taken a request to the Council in the past requesting a time limit be put on a plat, the Council denied the request. Discussion continued regarding time frames on development. Discussion followed regarding Planned Developments and Master Planned Communities in reference to current and future development standards. Discussion regarding possible workshops and/or discussion of these items in future meetings. 9. Meeting Adjourned. MEMO February 26, 2007 To: Planning and Zoning Commission Fr: Samantha Renz, Engineering Coordinator Re: Item #3 Attached is the ordinance proposed for City Council. I have also attached a copy of TABC rules regarding advertising. Z -14- 01 ORDINANCE b 3-V"7 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 421 SPECIAL DEFINITIONS TO AMEND DEFINITION NUMBER 93 FOR QUICK -SERVICE FOOD AND BEVERAGE SHOP; AMENDING THE CODE OF ORDINANCES BY ADDING SUBSECTIONS (n) AND (o) TO SECTION 3.104 TO REGULATE SIGNS; AMENDING SECTION 30.2, THE SCHEDULE OF USES, TO DESIGNATE QUICK -SERVICE FOOD AND BEVERAGE SHOP USES WITH SPECIAL USE PERMIT IN THE Bl, B2, 113, Il AND 12 DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due notice of a hearing was made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly convened and conducted a public hearing for the purpose of assessing a zoning classification change on the hereinafter described property located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at an open meeting, with proper notice given; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Section 42.2, "Special Definitions" of the Comprehensive Zoning Ordinance, Chapter 11 of the Code of Ordinances of the City of Sanger, Texas, is amended by amending section 93 to read as follows: "93. Quick -Service Food and Beverage Shop -An establishment offering food or beverage service to customers either through an automobile pick-up window or a walk-up window, with or without eating space provided within the building." Section 2. That Section 3.1403 of the Code of Ordinances of the City of Sanger, Texas, the "Sign Regulations", is amended by adding subsections (n) and (o) to read as follows: "(n) No luminous gaseous tubing sign within an enclosed building behind glass and visible outside the building from the public right-of-way through a window, except "Open" signs, shall be permitted. (o) "Open" signs shall not include any other word, symbol, graphic, or advertising, and shall not flash, blink or display any movement." Section 3. That the "Schedule of Uses", Section 30.2 of the Comprehensive Zoning Ordinance, "Retail and Service Type Uses", is amended in part to add and designate quick - service food and beverage shop, definition 93 of section 42.2, in alphabetical order, which may be approved by Special Use Permit in the B1, B2, B3, I1, and 12 Districts. Section 4. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 5. 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 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Section 7. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this day of 2007. tu87.aoc CHAPTER 108. ADVERTISING SUBCHAPTER A. GENERAL PROVISIONS RELATING TO ADVERTISING Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING. (a) No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) of this section an advertisement of a brewery product that: (1) causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised; (2) directly or by ambiguity, omission, or inference tends to create a misleading impression; (3) is untrue in any particular; (4) refers to the alcohol content of the product; (5) disparages a competitor's product; or (6) is obscene or indecent. (b) The media covered by this section include: (1) radio broadcasting; (2) newspapers, periodicals, and other publications; (3) signs and outdoor advertising; and (4) any printed or graphic matter. Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. No person may advertise an alcoholic beverage or the sale of an alcoholic beverage by the employment or use of a sound vehicle or handbill on a public street, alley, or highway. Sec. 108.03. REGULATION OF PROMOTIONAL ACTIVITIES. The commission shall adopt rules permitting and regulating the use of business cards, menu cards, stationery, service vehicles and equipment, and delivery vehicles and equipment that bear alcoholic beverage advertising. The commission shall also adopt rules permitting and regulating the use of insignia advertising beer, distilled spirits, or wine by brand name on caps, regalia, or uniforms worn by employees of manufacturers, distributors, distillers, or wineries or by participants in a game, sport, athletic contest, or revue if the participants are sponsored by a manufacturer, distributor, distiller, or winery. Sec. 108.04. ACTS OF PROMOTIONAL OR COURTESY NATURE: ADMINISTRATIVE DISCRETION. The commission may promulgate rules which shall set definite limitations consistent with the general provisions of this code, relaxing the restrictions of Sections 102.07, 102.14, 102.15, and 108.06, with respect to: (1) the sale or gift of novelties advertising the product of a manufacturer or distributor; (2) the making of gifts to civic, religious, or charitable organizations; (3) the cleaning and maintenance of coil connections for dispensing draught beer; (4) the lending of equipment for special occasions; and (4) acts of a purely courtesy nature. Sec. 108.041. CARBON DIOXIDE FILTERS PROVIDED TO RETAILERS. (a) A O'tanufacturer or distributor of beer may provide carbon dioxide filters to beer retailers for draught systems using carbon dioxide or a carbon dioxide and nitrogen blend, commonly referred to as "beer gas." (b) The cost of aroviding, maintaining, and replacing the carbon dioxide filters shall be borne by the manufacturer. NOTE: Sec. 108.041. Carbon Dioxide Filters Provided To Retailers. (Added by Senate Bill 1472, 79'" Legislature, Regular Session, 2005.) The Texas Alcoholic Beverage Commission shall adopt rules implementing Section 108.041, Alcoholic Beverage Code, as added by this Act, not later than January 1, 2006. Sec. 108.05. ALLOWANCE FOR ADVERTISEMENT OR DISTRIBUTION. No manufacturer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may pay or make an allowance to a retail dealer for an advertising or distribution service. Sec. 108.06. PRIZES AND PREMIUMS. No manufacturer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may offer a prize, premium, gift, or other inducement to a dealer in or consumer of brewery products. Sec. 108.061. ] SWEEPSTAKES PROMOTIONS AUTHORIZED. Notwithstanding the prohibition against prizes given to a consumer in Section 108.06 [e€this -eede] and subject to the rules of the commission, a manufacturer or nonresident manufacturer may offer a prize to a consumer if the offer is a part of a [RatiGAally Gendusted] promotional sweepstakes activity [legally er—were- states ]. A purchase or entry fee may not be required of any person to enter in a sweepstakes authorized under this section. A person affiliated with the alcoholic beverage industry may not receive a prize from a sweepstakes promotion. Sec. 108.07. ADVERTISING OF MIXED BEVERAGE ESTABLISHMENTS. The provisions of this code applicable to outdoor advertising and to advertising in or on the premises do not apply to establishments for which a mixed beverage permit has been issued. The commission or administrator shall promulgate reasonable rules relating to that type of advertising, and violation of any of those rules is a violation of this code. Sec. 108.08. ADVERTISING IN CERTAIN ECONOMIC DEVELOPMENT FACILITIES. (a) Notwithstanding any other provision of this code or any rule adopted under the authority of this code, the provisions of this code relating to the regulation of or limitations on outdoor advertising signage, advertising revenue, or advertising signage in or on a licensed premises do not apply to an entity which owns a professional sports franchise which plays a majority of its home games in a municipally owned or leased regional economic development facility that is in a station or terminal complex of a rapid transit authority and to which Subchapter E, Chapter 451, Transportation Code, applies or to such a facility. (b) A part of the cost of advertising revenue paid by a manufacturer to an entity under this section may not be charged to or paid, directly or indirectly, by the holder of a wholesaler's permit, general class B wholesaler's permit, local class B wholesalers permit, local distributors permit, general distributors license, or local distributors license, except through the price paid by that holder for products purchased from the holders' supplier. Sec. 108.09. CERTAIN ADVERTISING BY WINERY. (a) Notwithstanding Section 102.07 or any other provision of this code, a winery may include information in the winerv's advertising that informs the public of where the winery's products may be purchased. (b) A winery may not give compensation to or receive compensation from a permitted member of the wholesale or retail tier for advertising described by Subsection (a). NOTE: Sec. 108.09 added by Senate Bill 1137, 791" Legislature, Regular Session, 2005, effective June 17, 2005, by a two-thirds vote of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. SUBCHAPTER B. OUTDOOR ADVERTISING Sec.108.51. DEFINITIONS. In this subchapter: (1) "Outdoor advertising" means any sign bearing a word, mark, description, or other device that is used to advertise an alcoholic beverage or the business of a person who manufacturers, sells, or distributes an alcoholic beverage if the sign is displayed outside the walls or enclosure of a building or structure where a license or permit is issued or if it is displayed inside a building but within five feet of an exterior wall facing a street or highway so that it is visible by a person of ordinary vision from outside the building. "Outdoor advertising" does not include advertising appearing on radio or television, in a public vehicular conveyance for hire, on a race car while participating at a professional racing event or at a permanent motorized racetrack facility, on a boat participating in a racing event or a boat show, on an aircraft, on a bicycle or on the clothing of a member of a bicycle team participating in an organized bicycle race, or in a newspaper, magazine, or other literary publication published periodically. For the purpose of this definition the word "sign," with respect to a retailer, does not include an identifying label affixed to a container as authorized by law or to a card or certificate of membership in an association or organization if the card or certificate is not larger than 80 square inches. (2) "Billboard" means a structure directly attached to the land, a house, or a building having one or more spaces used to display a sign or advertisement of an alcoholic beverage or a person engaged in the manufacture, sale, or distribution of alcoholic beverages, whether or not the structure is artificially lighted. "Billboard" does not include a bench or a wall or other part of a structure used as a building, fence, screen, front, or barrier. (3) "Electric sign" means a structure or device other than an illuminated billboard by which artificial light produced by electricity is used to advertise the alcoholic beverage business by a person who manufactures, sells, or distributes alcoholic beverages or to advertise an alcoholic beverage. Sec.108.52. PERMISSIBLE OUTDOOR ADVERTISING. (a) No outdoor advertising is permitted in this state except that which is authorized by this section or under rules of the commission or administrator promulgated pursuant to Section 108.03 of this code. (b) Billboards and electric signs are permitted if they are not located in a manner contrary to this code. (c) Retail licensees and permittees may erect or maintain one sign at each place of business which may read as follows: (1) if a beer retailer, the sign may read "Beer' (2) if an off -premises beer retailer, the sign may read "Beer" or "Beer to Go' (3) if a wine and beer retailer, the sign may read "Beer," "Beer and Wine," or "Beer, Wine and Ale"; (4) if a wine and beer off -premises retailer, the sign may read "Beer," "Beer to Go," "Beer and Wine," "Beer and Wine to Go," "Beer, Wine and Ale," or "Beer, Wine and Ale to Go"; (5) if a package store permittee, the sign may read "Package Store," "Liquors," or "Wines and Liquors," and if a retail dealer's off -premise license is also held, the sign may read "Package Store," "Wines, Liquors and Beer," or "Wine, Liquors and Beer to Go'; or (6) if a wine only package store permittee, the sign may read "Wine" or 'Wines," and if a retail dealer's off -premise license is also held, the sign may read "Wines and Beer," "Wine and Beer," or "Wine and Beer to Go." (d) A sign erected under Subsection (c) of this section may be placed inside or outside the place of business so as to be visible to the general public. None of the letters on a sign may be more than 12 inches in height, and no sign may contain any wording, insignia, or device representative of the brand or name of an alcoholic beverage. The commission or administrator may permit a licensee or permittee to erect or maintain one sign at each entrance or side of a building occupied by him if it faces more than one street or highway. (e) Billboards, electric signs, or other signs to designate the firm name or business of a permittee or licensee authorized to manufacture, rectify, bottle, or wholesale alcoholic beverages may be displayed at the licensee's or permittee's place of business. (f) A display composed of alcoholic beverages or printed or lithographed material advertising alcoholic beverages located inside the licensed premises is permitted if the alcoholic beverages or advertising material is not placed within six inches of a window or opening facing a street, alley, or highway. A card or certificate of membership in an association or organization is not "advertising material" for the purpose of this subsection if it is not larger than 80 square inches. (g) Outdoor advertising of an alcoholic beverage or of the business of any person engaged in the manufacture, sale, or distribution of an alcoholic beverage is permitted to be placed on or affixed to a bench unless: (1) the advertising is prohibited by an ordinance of an incorporated city or town; or (2) the advertising is in an area or zone where the sale of alcoholic beverages is prohibited by law. (h) In addition to the signs authorized by this section, any retail licensee or permittee whose trade name or corporate name includes one or more of the words or phrases regulated by Subsection (c) of this section may also have one sign designating the trade name or corporate name of the retail licensee's or permittee's business. The commission or administrator may permit a retail licensee or permittee to erect and maintain one sign at each entrance or side of a building occupied by the retail licensee or permittee if the building faces more than one street or highway. Signs erected pursuant to this subsection shall comply with all local regulations concerning the erection of signs. Sec.108.53. BILLBOARDS AND ELECTRIC SIGNS: WHEN PERMIT IS REQUIRED. (a) No person may erect a billboard or electric sign advertising an alcoholic beverage within 200 feet of a retail establishment authorized to sell that beverage unless he has first obtained a permit for that purpose from the commission. No permit is required for a billboard or electric sign that is not located within 200 feet of a retail establishment authorized to sell the advertised alcoholic beverage. (b) The commission or administrator shall provide permit application forms, which may contain any information the commission or administrator deems necessary. The application shall contain a statement that the erection or maintenance of the billboard or electric sign will not have the effect of advertising or directing patronage to a particular retail establishment authorized to sell alcoholic beverages. Application shall be made under oath, addressed to the commission or administrator. (c) The commission or administrator shall issue a permit if either of them finds that all statements in the application are true and the erection or maintenance of the billboard or electric sign will not be contrary to this code or to a rule of the commission. Otherwise, the commission or administrator shall refuse to issue a permit. (d) Notwithstanding the restrictions imposed by this section, but consistent with other provisions of this code, the commission shall promulgate rules allowing for signs advertising alcoholic beverages at charitable or civic events such as fairs, rodeos, or other events of a temporary nature. This subsection does not authorize, nor shall any rule of the commission authorize, a retailer of alcoholic beverages to derive, directly or indirectly, any money or consideration of any kind as a result of alcoholic beverage advertising, and the commission's rules shall reflect the intent that the charity or civic endeavor receive the proceeds, if any, from such advertising signs. Sec. 108.54. NONCONFORMING OUTDOOR ADVERTISING: SEIZURE, REMOVAL. (a) No person may erect, maintain, or display any outdoor advertising, billboard, or electric sign which does not conform in all respects to the provisions of this code. A billboard or electric sign that does not conform is illegal equipment which is subject to seizure and forfeiture as provided in this code. (b) The owner of any outdoor advertising that does not conform to the provisions of this code is responsible for removing it from public view immediately, and the failure to do so is a violation of this code. Sec. 108.55. LOCAL REGULATION OF BILLBOARDS, ELECTRIC SIGNS. No person may erect or maintain a billboard, electric sign, or any outdoor advertising in violation of an ordinance of an incorporated city or town. Sec. 108.56. DRY AREAS. (a) Except as provided by Subsection (b), no person may erect or maintain a billboard or electric sign in an area or zone where the sale of alcoholic beverages is prohibited by law. (b) A person may erect or maintain a billboard in an area or zone where the sale of alcoholic beverages is prohibited by law if: (1) the premises that the billboard advertises is located in a county with a population of 250,000 or less; and (2) the billboard is within 1,500 feet of the premises that the billboard advertises; and (3) a United States highway that merges into and becomes an interstate highway separates the premises and the billboard; or (4) the billboard is located adjacent to a wet precinct separated by a United States highway that merges into and becomes an interstate highway in a county with a population of 250,000 or less and advertises directions to a winery located in the adjacent wet precinct. SUBCHAPTER C. INDUSTRY PUBLIC ENTERTAINMENT FACILITIES ACT Sec. 108.71. PURPOSE. This subchapter governs the statutory duties, rights, and relations among licensees and permittees operating under this subchapter, including their relations with the owners and operators of public entertainment facilities. This subchapter expressly authorizes alcoholic beverage distillers, manufacturers, distributors, and wholesalers, except as provided by Section 108.74, to promote and sponsor events and advertise alcoholic beverage brands and products at public entertainment facilities without establishing unlawful intertier relations, including with retail permittees operating at those facilities. Sec. 108.72. SHORT TITLE. This subchapter may be cited as the Industry Public Entertainment Facilities Act. Sec.108.73. DEFINITIONS. In this subchapter: (1) "Independent concessionaire" means a licensed or permitted member of the retail tier or a holder of a private club permit, caterer's permit, or food and beverage certificate who: (A) has a written concession agreement from the owner, operator, or lessee of a public entertainment facility; (B) receives no monetary benefit, directly or indirectly, by any scheme or device or in any form or degree from the alcoholic beverage industry including a benefit in the form of capital improvements, furniture, fixtures, or equipment, unless otherwise authorized by this code or commission rules; and (C) is not owned, in whole or in part, by the public entertainment facility, or a subsidiary, agent, manager, or company managing the facility, and who does not own, in whole or in part, or manage the public entertainment facility. (2) "Public entertainment facility" means an arena, stadium, automobile race track, amphitheater, auditorium, theater, civic center, convention center, or similar facility that is primarily designed and used for live artistic, theatrical, cultural, educational, charitable, musical, sporting, nationally sanctioned automobile racing, or entertainment events. The term does not include a facility the primary purpose of which is the sale of food or alcoholic beverages, including a bar, nightclub, restaurant, hotel, bowling alley, pool hall, or dance hall, or a facility that derives 75 percent or more of the facility's annual gross revenue from the on -premise sale of alcoholic beverages. (3) "Public entertainment facility property" means property on which a public entertainment facility and a licensed or permitted premises are located and related surrounding Property (4) "Sponsorship signs" means any manner of advertising, promotional, or sponsorship signage, or any representation, device, display, regalia, insignia, indicia, design, slogan, trade name, brand name, product name, permittee or licensee name, advertising specialties, marketing services, or other materials indicating participation in or sponsorship of all or part of a public entertainment facility or an event or venue at a public entertainment facility, including the sponsorship or naming of all or part of the facility or event, wherever located, whether indoor or outdoor, including billboards, awnings, and electric signs, however manufactured, comprising whatever materials, and however disseminated, including by writing, printing, graphics, newspaper, periodicals, radio, television, cable, Internet, electronic, satellite, and other media or communication modalities. Sec. 108.74. EXCEPTION OF CERTAIN WHOLESALER FROM APPLICATION OF THIS SUBCHAPTER. A person who holds a permit under Chapter 19 and whose revenues from the sale of alcoholic beverages are predominately obtained from the sale of distilled spirits and wine may not enter into advertising, sponsorship, or promotional agreements as authorized by Section 108.75. Sec. 108.75. ADVERTISING AND PROMOTION IN PUBLIC ENTERTAINMENT FACILITY. (a) A member of the distiller, manufacturing, distributor, or wholesaler tier may promote, sponsor, or advertise an entertainment event or venue or promote or advertise an alcoholic beverage brand or product at a public entertainment facility if the alcoholic beverage promoted, sold, or served at the event, venue, or facility is furnished by an independent concessionaire. (b) An independent concessionaire may not receive direct monetary benefit from advertising, promotional, or sponsorship revenues generated by operation of a public entertainment facility. A member of the manufacturing or distributing tier may not, directly or indirectly through the owner or operator of a public entertainment facility, furnish, give, rent, lend, or sell any equipment, fixtures, or supplies to an independent concessionaire. A public entertainment facility owner or operator or a member of the distiller, manufacturing, distributor, or wholesaler tier may not directly or indirectly control the quantity or brand of alcoholic beverages bought or sold by an independent concessionaire. An independent concessionaire must enter into a written concession agreement with an owner, lessee, or operator of a public entertainment facility. (c) A member of the distiller, manufacturing, distributor, or wholesaler tier who has entered into an advertising, promotional, or sponsorship agreement may provide sponsorship signs at a public entertainment facility property and as otherwise authorized in this code and commission rules. (d) An independent concessionaire who has entered into a concessionaire agreement under this subchapter may place sponsorship signs at, in, or on public entertainment facility property. (e) The owner or operator of a public entertainment facility who has entered into a concessionaire agreement and a sponsorship agreement under this subchapter shall not be precluded from placing and displaying sponsorship signs, as otherwise permitted by law, provided by sponsoring members of the distiller, manufacturing, distributor, or wholesaler tier, at, in, or on an independent concessionaire's venues at a public entertainment facility property, including the area where alcoholic beverages are displayed, served, or poured. (f) Nothing in this subchapter shall limit the independent concessionaire's right to place and display sponsorship and other signs authorized under this code and commission rules. (g) All advertising, promotional, sponsorship, and concession agreements authorized by this subchapter shall contain an affirmative provision disavowing the right of any party to engage in conduct prohibited by this subchapter. Sec. 108.76. VIOLATION. The provision, placement, and use of sponsorship signs as authorized by and in compliance with this subchapter by members of the distiller, manufacturing, distributor, or wholesaler tier, independent concessionaires, and public entertainment facility owners and operators does not constitute an illegal inducement, subterfuge, or a surrender of exclusive control. Sec. 108.77. COST OF ADVERTISEMENT, SPONSORSHIP, OR PROMOTION. No part of the cost of an advertisement, sponsorship, or promotion authorized by this subchapter may be charged to or paid by a distributor or wholesaler, except as provided by Section 108.74, unless the distributor or wholesaler: (1) contracts directly with the owner or operator of the public entertainment facility for the advertisement, sponsorship, or promotion; or (2) is a party to the advertising, sponsorship, or promotion agreement between a member of the manufacturing tier and the owner or operator of the public entertainment facility. Sec. 108.78. CONFIDENTIALITY. Any concessionaire, sponsorship, advertisement, or promotional agreement, or related agreement and exhibits to such an agreement, entered into, submitted, filed, or requested by the administrator or commission is deemed confidential under Section 5.48(b). Sec.108.79. OPTIONAL PREAPPROVAL PROCESS. (a) Subject to the terms of the relevant agreement, a permittee or licensee may by certified mail, return receipt requested, submit to the administrator in writing the permittee's or licensee's original or amended advertising, promotional, sponsorship, or concessionaire agreement relating to a public entertainment facility, requesting the administrator's approval. (b) Not later than the 30th day after the date the administrator receives the request for preapproval under this section, the administrator shall notify the permittee or licensee in writing, by certified mail, return receipt requested, whether the administrator approves, conditionally approves, or disapproves the submission. If the administrator does not provide the notification in that time and the permittee or licensee does not agree to a timely and reasonable written request for an extension by the administrator giving the reason for the request, the agreement is considered approved as submitted. (c) If the administrator conditionally approves or disapproves a submission under Subsection (b), the administrator shall specify in the notice provided under that subsection the basis for the administrator's determination, referencing any specific provisions of this code or other law involved in the determination and any necessary and reasonable actions the permittee or licensee may take to obtain approval of the submission. (d) On receipt of the administrator's conditional approval or disapproval, the permittee or licensee may: (1) revise and resubmit the agreement in compliance with the administrator's specific comments and instructions, including any discussions between the administrator and permittee or licensee to resolve the issues involved in the administrator's determination; or (2) contest the commission's or administrator's determinations, acts, or omissions related to this subchapter and engage in informal mediation to resolve the dispute regarding the submission. (e) A submission under Subsection (d)(1) is subject to the approval period prescribed by Subsection (b) unless the administrator and the permittee or licensee agree otherwise. Sec. 108.80. JUDICIAL REVIEW. (a) If a permittee, licensee, or other party to an agreement under this subchapter alleges that the administrator is or has been, directly or indirectly, unfairly, arbitrarily, capriciously, or wrongly exercising or withholding the exercise of the administrator's authority under Section 108.79, desires a declaration of rights under this subchapter, or alleges threatened or actual damage or injury arising out of a violation of this subchapter or any other law relating to the process and rights provided by this subchapter, the aggrieved party may bring suit in a district court in Travis County: (1) to require, contest, or suspend enforcement of any act or omission by the administrator or commission; or (2) concerning any administrative, regulatory, legal, or judicial act or omission, including seeking mandatory and prohibitory injunctive and extraordinary relief or declaratory relief. (b) The court in its discretion may allow the permittee, licensee, or other party to an agreement to recover court costs and reasonable attorney's fees incurred in the defense or prosecution of the action. Sec. 108.81. SPONSOR LIABILITY. A beverage distiller, manufacturer, distributor, or wholesaler who sponsors an event at a public entertainment facility or on public entertainment facility property, or who advertises or displays sponsorship signs in connection with such an event or facility or property, shall not be liable solely because of such sponsorship, advertisement, or display of sponsorship signs for any personal injury, death, or property damage occurring at such a facility or property or as a result of the operation or condition of such facility or property or because of any tort committed by any other party at or in connection with such event, facility, or property.