HomeMy WebLinkAbout746 06-28-1983ORDINANCE NO. 746
AN ORDINANCE AMENDING SECTION 7 -1002 OF
ORDINANCE 347, SAME BEING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS,
TO REQUIRE SPECIFIC USE PERMITS FOR THE SALE OF
CERTAIN ALCOHOLIC BEVERAGES; PROVIDING A
PENALTY FOR VIOLATION THEREOF; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY.
WHEREAS, the Comprehensive Zoning Code of the City of
Euless, Texas, requires a Specific Use Permit for certain
alcoholic beverage sales for on- premises consumption; and
WHEREAS, the Texas Alcoholic Beverage Code, as amended,
specifically authorizes a municipality to proscribe and
additionally regulate the sale of beer within the corporate
limits of such municipality; and
WHEREAS, it is the desire of the Euless City Council to
implement the authority so given by the Texas Alcoholic
Beverage Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, that Section 7 -1002 entitled Specific
Use Schedule is herewith amended in the following respects:
I.
Subsection (52) of such Section 7 -1002 is amended to
hereafter, be and read as follows:
(52) Tavern, Bar or other Establishment Serving
Alcoholic Beverages (other than beer) for
On- premises Consumption (Not Incidental
to the Service of Food Prepared at Such
Location for On- premises Consumption as a
Restaurant or Cafe, or Incidental to the
Providing of Lodging at Such Location as a
Hotel, Motel or Motor Inn.
A new Subsection (53) is herewith added to be
and read as follows, with all subsequent
following sub - sections being re- numbered:
(53) The Sale of Beer for On- premises Consumption -
Prohibited in all districts or areas of
districts wherein residential uses are
authorized. Special Use Permit required
for all non - districts or areas of
districts wherein non - residential uses
are authorized.
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 or 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 in 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 provided
by the Euless City Charter and the laws of the State of Texas.
V.
Emergency Clause. By the affirmative vote of four or more
of its members, the City Council declares that this is an
ordinance for the immediate preservation of the public peace,
property, health, and safety, and is an emergency measure
within the meaning of Article II, Section 11 of the City
Charter; and the requirement that it be read at two meetings,
as specified in Section 11, is hereby dispensed with.
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PRESENTED AND PASSED on first and final reading on the
28th day of June , 1983, at a regular meeting of e
City Council of the City of Euless, Texas, by a vote of
ayes, 0_ nayes and /,q— abstentions.
ATTEST:
J
Kay RaiyfA)y, City Secrpfy&ry
APPROVED ,AS TO
arladd, City Attorney
APPROVED:
7, iC t/
Harold Samuels, Mayor
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