HomeMy WebLinkAbout1864 10-13-2009ORDINANCE NO. 1864
AN ORDINANCE AMENDING CHAPTER 6, "ALCOHOLIC
BEVERAGES" OF THE CITY OF EULESS, TEXAS CODE OF
ORDINANCES, BY AMENDING, SECTION 6.2 "STATE LICENSE
OR PERMIT REQUIRED; DURATION. "; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Euless is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Euless has a substantial interest in
protecting the health, safety, welfare, convenience and enjoyment of the general public
from injury which may be caused by the unregulated sale and distribution of alcoholic
beverages; and
WHEREAS, in 2007, Senate Bill 1217 of the 80'h Texas State Legislature
amended Sections 11.09 and 61.03 of the Texas Alcoholic Beverage Code to allow the
Texas Alcoholic Beverage Commission to issue a license or permit for a period of two
years; and
WHEREAS, the Texas Alcoholic Beverage Commission has adopted Rule 33.25
outlining the implementation of issuing an alcoholic beverage license(s) or permit(s)
pertinent to Chapter 6, "Alcoholic Beverages" of the City of Euless Code of Ordinances
to begin on September 1, 2009; and
WHEREAS, the City Council of the City of Euless has a substantial interest in
issuing alcoholic beverage license(s) and permit(s) in the same or similar time frame as
alcoholic beverage license(s) and permit(s) issued by the Texas Alcoholic Beverage
Commission in the interest of consistency and coordination between state and local
regulation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EULESS, TEXAS, THAT:
SECTION 1
Chapter 6, "Alcoholic Beverages" Section 6.2, "State License or Permit Required;
Duration." to hereinafter be amended in its entirety to read as follows:
Sec. 6.2. State license or permit required; duration.
Before any license or permit shall be issued by the City, the applicant shall furnish
appropriate evidence to show that such applicant has been issued a license or permit to
engage in such business by the tax collector of the county on a form prescribed by the
comptroller of the state. All permits or licenses issued under this chapter shall terminate
contemporaneously with the expiration of the state license or permit of such applicant.
SECTION 2
This ordinance shall be cumulative of all provisions of ordinances of the City of
Euless, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3
All rights and remedies of the City of Euless are expressly saved as to any and all
violations of the provisions of any ordinances affecting the regulation and control of the
use, occupancy, maintenance, repair, design, construction and quality of materials for
buildings and structures within the City which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 4
SAVING CLAUSE. 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 5
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any
of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in accordance with Chapter 1, "General
Provisions," Section 1 -12, "General Penalty," Euless Code of Ordinances. Each such
violation shall be deemed a separate offense and shall be punishable as such hereunder.
SECTION 6
SEVERABILITY CLAUSE. 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
Ordinance No. 1864, Page 2 of 3
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 7
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 APPROVED ON FIRST READING AND FINAL
READING at a regular meeting of the Euless City Council on the 13th day of October
2009, by a vote of 7 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST:
Susan Crim, T(RMC, City Secretary
APPROVED AS TO FORM:
McFarland, City
Ordinance No. 1864, Page 3 of 3