HomeMy WebLinkAbout692 12-08-1981ORDINANCE NO. 692
AN ORDINANCE AMENDING ORDINANCE NO. 347,
SAME BEING THE ZONING CODE OF THE CITY OF
EULESS, TEXAS, TO PROVIDE MORE SPECIFIC
DEFINITION OF INCIDENTAL AND SECONDARY
USES APPERTAINING PARTICULARLY TO THE
SALE OF ALCOHOLIC BEVERAGES, THOUGH NOT
LIMITED THERETO; PROVIDING A PENALTY FOR
VIOLATION THEREOF; PROVIDING A SEVER -
ABLITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, that the hereinafter cited section of
Ordinance 347, same being the Zoning Code of the City of Euless,
Texas, shall herewith and hereafter be amended to be and read
as follows:
I.
Section 7 -1300, entitled "Definitions and Explanations
Applicable to Use Regulations ", is herewith amended by adding
a new sub - section (107) to be entitled and read as follows:
(107) Incidental and Secondardy Uses: For
purposes of this Zoning Code the term "in-
cidental" or "secondary" use (with specific
application to sale of alcoholic beverages, but
not limited thereto) shall mean that the gross
receipts derived or generated from the second-
ary or incidental uses, (e.g. sale of alcoholic
beverages, etc.) are in the aggregate lesser in
amount than gross receipts derived or generated
from the authorized primary use of the prem-
ises, (e.g. the service of food prepared at the
premises or the revenue derived from rental of
rooms as at a hotel or motel) . The term "gross
receipts" as used herein shall mean and refer to
all revenues derived or generated from a speci-
fic use during any particular calendar quarter,
i.e. January 1 through March 31 ; April 1 through
June 30; July 1 through September 30; and Octo-
ber 1 through December 31. Whenever a use is
allowed under this Code as an incidental or
secondary use to a primary or principal use of
premises, the owner and /or occupant of the pre-
mises shall keep and maintain, at the premises,
for inspection by authorized personnel of the
City of Euless, adequate records reflecting the
amount and source of all gross receipts segre-
gated by use category, (e.g. receipts from sale
of alcoholic beverages or other secondary or
incidental uses shall be separated as to each
of such uses, from the receipt of authorized
primary use or receipts from the service of
food prepared and sold at the premises or
receipts from the revenue derived from rental
of rooms as at a hotel or motel.) Such records
shall be made available to authorized personnel
of the City of Euless, upon request, during all
ordinary business hours for determination as to
compliance with this Code. Failure to keep and
maintain such records and /or make same available
upon reasonable request to authorized personnel
of the City of Euless shall establish prima facie
evidence that any permitted incidental or secondary
use being made of the premises is, in fact, a
primary use of such premises and not an incidental
or secondary use. If the records applicable to the
premises determine that the permitted secondary
or incidental uses as to the premises are not,
in the aggregate, secondary or incidental to the
permitted primary use thereof during the immediately
preceding calendar quarter or upon failure to keep
and maintain adequate records as herein provided,
such incidental uses of the premises shall be
suspended from and after receipt of formal written
notification by the Code Enforcement Officer of the
City of Euless for a period specified in such notice,
not to exceed thirty (30) days. In the event review
of the gross receipts of the user or occupant of the
premises subsequent to the resumption of such inci-
dental or secondary uses at the premises reflects
that same continue to be non - incidental and, in
fact, the primary use of the premises, the Code
Enforcement Officer of the City of Euless, Texas,
shall notify the owner or occupant of such determina-
tion, in writing, and no such uses of the premises
shall thereafter be permitted, unless and until the
ORDINANCE NO. 692, PAGE TWO OF FOUR
owner or occupant of the premises shall have
obtained a Specific Use Permit for such secondary
or incidental uses, as same may be authorized by
this Zoning Code. The failure to maintain or
submit records required to be kept by the pro-
visions hereof or the falsification of any such
records shall constitute a violation of this
ordinance.
II.
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 an amount not to exceed $200.00.
Each such violation shall be deemed a separate offense and
shall be punishable as such hereunder.
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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
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 of this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph, or
section.
IV.
Effective Date. This ordinance shall be in full force
and effect from and after its passage and publication as pro-
vided by the Euless City Charter and the laws of the State of
Texas.
PRESENTED AND GIVEN FIRST READING at a regular meeting of
the Euless City Council on the 24th day of November, 1981, by a
vote of 4 ayes, 0 nays, and 0 abstentions.
ORDINANCE NO. 692, PAGE THREE OF FOUR
GIVEN SECOND READING AND APPROVED at a regular meeting
of the Euless City Council on the 8th day of December, 1981,
by a vote of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
Z�� Z 241w4g
Harold D. Samuels, Mayor
ATTEST:
Kay Ra' ey, City c etary
APPROVED S TO FORM:
B McFarland, City At orney
ORDINANCE NO. 692, PAGE FOUR OF FOUR