HomeMy WebLinkAbout449 07-24-1973ORDINANCE NO. 449
AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 25a
OF ARTICLE 666 OF VERNON'S ANNOTATED PENAL CODE OF
THE STATE OF TEXAS, MORE COMMONLY KNOWN AS THE TEXAS
LIQUOR CONTROL ACT, PROHIBITING THE SALE OF
ALCOHOLIC BEVERAGES WITHIN A DISTANCE OF THREE
HUNDRED FEET (3001) OF ANY CHURCH, PUBLIC SCHOOL OR
PUBLIC HOSPITAL; PROVIDING A PENALTY FOR VIOLATIONS
OF THIS ORDINANCE; AUTHORIZING PUBLICATION OF THE
DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF;
AND PROVIDING A SAVINGS CLAUSE.
i
WHEREAS, on the 10th day of July, 1973, the Commissioners'
Court of Tarrant County, Texas, did certify the results of a
Local Option Election held in and for Precinct 3 of such County,
the results of which election so certified did authorize certain
sales of alcoholic beverages within the Corporate Limits of the
City of Euless, and
WHEREAS, Article 666 -25a of the Texas Liquor Control Act
does authorize the City Council of the City of Euless to limit
the sale of alcoholic beverages under such Act within a
distance of three hundred feet (300') from any church, public
school or public hospital, and
WHEREAS, it is the desire of the City Council of the City
of Euless to implement the provisions of such aforecited statute
so as to prohibit such sales within such proximity within the
City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS:
I
For the purposes of this Ordinance, the following terms,
phrases, words and their derivations shall have the meaning
hereinafter prescribed to them:
"Alcoholic Beverage" shall mean alcohol and any beverage
containing more than one -half of one per cent (1 /2of 1 %)
of alcohol by volume which is capable of use for beverage
purposes, either alone or when diluted.
"Mixed Beverage" shall mean one or more servings of a
beverage composed in whole or in part of any alcoholic
beverage in sealed or unsealed containers of any, legal
size for consumption on the premises where served or sold.
"Dealer" shall mean and refer to any natural person or
association of natural persons, trustee, receiver, part-
nership, corporation or other organization holding a
permit for the sale of alcoholic beverages or mixed
beverages under the Texas Liquor Control Act and any
manager, agent, servant, or employee of any of them.
II
It shall be unlawful and an offense for any Dealer within
the Corporate Limits of the City of Euless, Texas, to sell from
a place of business an alcoholic beverage or mixed beverage
within three hundred feet (300') of any church, public school,
or public hospital, the measurements to be along the property
lines of the street fronts and from front door to front door and
in direct line across intersections where they occur.
III
Any person, association of persons, trustee, receiver,
partnership, corporation or organization violating any of the
provisions of this Ordinance shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be fined in an amount
not to exceed Two Hundred Dollars ($200.00). Each day that such
violation is committed or permitted to continue and each sale
as prohibited hereby shall constitute a separate offense and
shall be punishable as such hereunder.
IV
If any section, paragraph, subdivision, clause, phrase
or provision of this Ordinance shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or provisions thereof other
than the part so decided to be invalid or unconstitutional.
V
This Ordinance shall become effective and be in full force
and effect from and after the date of its final passage.
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APPROVED AND ADOPTED on final reading on the 24th day
of July , 1973.
APPROVED:
A. C. Krause, Mayor
ATTEST:
City Secretary `
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