HomeMy WebLinkAbout454 08-14-1973ORDINANCE NO. 454
AN ORDINANCE ADOPTING THE AUTHORITY GIVEN TO THE
CITY OF EULESS, TEXAS, PURSUANT TO SECTION 15a1
OF ARTICLE 666, REVISED PENAL CODE OF THE STATE
OF TEXAS, AS AMENDED, AND PROVIDING FOR THE LEVY,
ASSESSMENT AND COLLECTION OF A LICENSE, TAX AND
FEE FROM HOLDERS OF CERTAIN ALCOHOLIC BEVERAGE
PERMITS ISSUED BY THE TEXAS ALCOHOLIC BEVERAGE
COMMISSION PURSUANT TO THE TEXAS LIQUOR CONTROL
ACT; PROVIDING A SAVINGS CLAUSE; DECLARING AN
EMERGENCY; AND AN EFFECTIVE DATE.
WHEREAS, Article 666 et al, as amended, of the Penal Code of
the State of Texas, known commonly as the Texas Liquor Control Act,
creates certain obligations and duties on the part of a municipality
in the certification of a permittee applicant under the Act prior
to the issuance of such license, and
WHEREAS, such certification procedures required of the munici-
pality require considerable time and effort of municipal employees,
and
WHEREAS, the Texas Liquor Control Act authorizes the levy,
assessment, and collection of a tax from such permittee, and
WHEREAS, the assessment of such tax would assist in the defray-
ment of expense to the municipality in certifying the eligibility
of such permitters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS:
I.
License Fee
There is hereby levied and assessed and shall be collected a
license tax and fee from every person, firm, corporation, or association
of persons pursuing or engaging in any business for which a permit or
license is required under the "Texas' Liquor Control Act ", Article 666,
et al, as amended of the Penal Code of the State of Texas, in an amount
equal to one -half (1/2) of the State fee charged for such permit or
license, as same now exists or shall from time to time be established
pursuant to such Act. Such license, tax and fee shall not, however, be
applicable to the holder of an Agent's, Industrial, Carrier's, Local
Cartage, and Shortage Permits, nor to Wine and Beer
mits issued to operators of dining, buffet, or club
Winery Permits, nor to Mixed Beverage Permits during
second and third years of their existence.
II.
Application for License
Retailer's Per-
cars and Class B
the first,
Before any license shall be issued by the City of Euless, the
Applicant shall furnish appropriate evidence to show that the Appli-
cant has been issued a license to engage in such business by the Tax
Collector of Tarrant County on a form prescribed by the Comptroller
of the State of Texas. All initial licenses issued hereunder shall
terminate upon the expiration of one (1) year and one (1) month from
date of issuance. All subsequent licenses shall be issued to termi-
nate contemporaneously with the expiration of the State liquor license
of such Applicant. No subsequent license shall be issued for a period
of more than one (1) year.
III.
Collection of Fee and Issuance of License
The license fee levied by this ordinance shall be collected by
the City Secretary of the City of Euless and shall be paid to that
officer by each and every person, firm, corporation, or association
of persons before engaging in such business; and said City Secretary
shall issue to the applicant the proper license, which shall state
on its face for what it is issued, the date when it will expire, and
by whom and where such business is to be conducted, and shall describe
the place where same is to be kept and state what type of business is
to be permitted under the license.
IV.
Scope of Ordinance
This ordinance shall be and is hereby declared to be cumulative
of all other ordinances of the City of Euless levying and assessing
license or occupation taxes and shall not operate to repeal or affect
any such ordinance or ordinances.
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V.
Savings Clause
The provisions of this ordinance shall be, and they are hereby,
declared to be severable, and should any portion thereof be declared
to be invalid for any reason by a court of competent jurisdiction,
such holding shall not affect the remaining portions hereof.
VI.
Declaring an EMERGENCY
The fact that the enactment of this ordinance is necessary to
preserve the public business, peace, health, safety and general wel-
fare, creates an urgency and an emergency in the immediate preserva-
tion of same, and required that this ordinance shall take effect im-
mediately from and after its passage, and it is accordingly so ordained.
APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 14th day of
August, 1973, at a regular meeting of the City Council of the City of
Euless, Texas.
ATTEST: _
City Secretary
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APPROVED:
MA OR
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