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HomeMy WebLinkAbout1148 08-09-1994ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING SECTION 6-5 "PROXIMITY OF ESTABLISHMENTS, SELLING ALCOHOLIC BEVERAGES, TO CHURCHES, SCHOOLS, ETC. REGULATED; PENALTY FOR VIOLATION" OF CHAPTER 6 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AND AMENDING SUBSECTION (ab) "ALCOHOL SALES IN PROXIMITY TO CERTAIN USES" OF SECTION 4 -500, "SPECIAL CONDITIONS BY USE TYPE" OF THE UNIFIED DEVELOPMENT CONTROL DOCUMENT IN EFFECT WITHIN THE CITY TO ALLOW VARIANCES TO SAID DISTANCE REQUIREMENTS IN CERTAIN SITUATIONS; PROVIDING A SEVERA 31LITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Euless Code of Ordinances and the Euless Unified Development Control Document contain a requirement that a business may not sell alcoholic beverages within 300 feet of any church, public school or public hospital within the City; and WHEREAS, state law authorizes the City Council of the City of Euless to allow variances to said regulations if the City Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council determines to be in the best interest of the community after considering the health, safety and welfare of the public and the equities of the situation; and WHEREAS, the City Council of the City of Euless, Texas, desires to enact provisions allowing it to exercise such authority in appropriate circumstances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That Subsection (b) of Section 6 -5 "Proximity of Establishments Selling Alcoholic Beverages to Churches, Schools, Etc., Regulated; Penalty for Violation" of Chapter 6 "ALCOHOLIC BEVERAGES" of the Code of Ordinances, City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: (b) It shall be unlawful and an offense for any dealer within the corporate limits of the City to sell from a place of business an alcoholic beverage or mixed beverage within 300 feet of any church, public school or public hospital. The measurement of the distance between said place of business and any 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. The measurement of distance between said place of business and a public school shall be from the nearest property ORDINANCE NO. 1148 Page 1 line of the public school to the nearest doorway by which the public may enter said place of business, along street lines and in direct line across intersections. Provided, however, that the City Council may allow variances to the distance regulation as stated herein if the City Council determines that enforcement of such regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community. II. That Subsection (ab) "Alcohol Sales in Proximity to Certain Uses" of Section 4 -500 "Special Conditions by Use Type" of Article 4, "Zoning District Regulations" of the Euless Unified Development Control Document, as amended, by hereby amended to hereafter be and read as follows: (ab) Alcohol Sales In Proximity to Certain Uses: It shall be unlawful to sell from a place of business an alcoholic beverage or mixed beverage within 300 feet of any church, public school or public hospital. The measurement of the distance between said place of business and any 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. The measurement of distance between said place of business and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter said place of business, along street lines and in direct line across intersections. Provided, however, that the City Council may allow variances to the distance regulation as stated herein if the City Council determines that enforcement of such regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community. III. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. ORDINANCE NO. 1148 Page 2 Saving Clause. That Chapter 6 of the Code of Ordinances, City of Euless, Texas, as amended, and Article 4 of the Euless Unified Development Control Document, as amended, shall remain in full force and effect, save and except as amended by this ordinance. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the Euless City Council on the 9th day of August 1994; by a vote of 5 ayes, I nays and 1 abstentions. Vii]+ tt✓ L A Mary Lib%hleh, Mayor ATTEST: Susan Crim, CM C, City Secretary 556mlib/bh/062894 ORDINANCE NO. 1148 Page 3