HomeMy WebLinkAbout1475 06-26-2001ORDINANCE NO. 1475
AN ORDINANCE 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 OF THE CITY OF EULESS, TEXAS;
REVISING DISTANCE MEASUREMENT STANDARDS
BETWEEN ESTABLISHMENTS SELLING ALCOHOLIC
BEVERAGES AND PUBLIC SCHOOLS; INCLUDING DAY-
CARE CENTERS AND CHILD -CARE FACILITIES, AS
DEFINED BY STATE LAW, WITHIN PROVISIONS
RELATING TO PUBLIC SCHOOLS IN CERTAIN
CIRCUMSTANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Euless City Council has heretofore enacted regulations
restricting alcoholic beverage sellers in proximity to public schools, public hospitals and
churches; and
WHEREAS, after such regulations were enacted, the Texas Legislature revised
the method of measurement of the distance between a place of business selling
alcoholic beverages and a public school; and
WHEREAS, also since the time said regulations were enacted, the Texas
Legislature has added provisions to the Alcoholic Beverage Code regulating sales of
alcoholic beverages near a day -care center or child -care facility, as defined by the
Texas Human Resources Code; and
WHEREAS, said newly enacted state law requires that the provisions of the
Euless Code governing distance measurements between a public school and a
business selling alcoholic beverages also apply to the distance between a business
selling alcoholic beverages and a day -care center or child -care facility, under certain
circumstances, and
WHEREAS, the City Council of the City of Euless, Texas, finds and determines
that said new state standards should be incorporated into the regulations governing
sellers of alcoholic beverages within the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
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 of the City of
Euless, Texas, as amended, be hereby amended to hereafter be and read as follows:
Section 6 -5. Proximity of establishments selling alcoholic beverages
to churches, schools, etc., regulated; penalty for
violation.
(b)(1) Sales near church, public school or public hospital. 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 such
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 such place of business and a public school shall
be in a direct line from the nearest property line of the public
school to the nearest property line of the place of business, 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.
(2) Sales Near Day -Care Center or Child -Care Facility.
(A) This subsection applies only to a permit or license holder
under Chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic
Beverage Code who does not hold a food and beverage
certificate.
(B) Except as provided by this subsection, the provisions of
subsection (b)(1) relating to a public school also apply to a
day -care center and a child -care facility as those terms are
defined by Section 42.002, Texas Human Resources Code.
Ordinance No. 1475, Page 2 of 4
(C) This subsection does not apply to a permit or license holder
who sells alcoholic beverages, if:
(i) the permit or license holder and the day -care center
or child -care facility are located on different stories of
a multi -story building; or
(ii) the permit or license holder and the day -care center
or child -care- facility are located in separate buildings
and either the permit or license holder or the day-
care center or child -care facility is located on the
second story or higher of a multistory building.
(D) This subsection does not apply to a foster group home,
foster family home, family home, agency group home, or
agency home as those terms are defined by Section 42.002,
Texas Human Resources Code.
SECTION 2
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.
SECTION 3
Saving Clause. That Chapter 6 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION 4
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.
Ordinance No. 7475, Page 3 of 4
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 26th, day of June, 2001; by a vote of
6 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST:
Low Susan Crim MC, ft Secretary
APPROVED AS TO FORM:
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Ordinance No. 1475, Page 4 of 4