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HomeMy WebLinkAbout760 09-27-1983ORDINANCE NO. 760 AN ORDINANCE AMENDING SECTION 7 -1002 OF ORDINANCE NO. 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 Section 7 -1002, as amended by Ordinance No. 746, is amended to hereafter be and read as follows: USE PERMISSIVE DISTRICT (52) Tavern, Bar, Private Club or other Establishment Serving Alcoholic Beverages (other than beer) for On- premises Consumption (Not Incidental to the Service of Food Prepared at Such Restaurant or Cafe, or Incidental to the Providing of Lodging at Such Location as a Hotel, Motel, or Motor Inn). C -2, L -1, I -1 II. Subsection (53) of Section 7 -1002, amended by Ordinance No. 746, is amended to hereafter be and read as follows: USE PERMISSIVE DISTRICT (53) Tavern, Bar, Private Club or other Establishment offering the sale of beer for On- premises Consumption (Not Incidental to the Service of Food Prepared at Such Restaurant or Cafe, or Incidental to the Providing of Lodging at Such Location as a Hotel, Motel, or Motor Inn). C -1, C -2, L -1, I -1, I -2 III. 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. IV. 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 unconstitutional by the valid judgment or decreee 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. V. 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. VI. 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. ORDINANCE NO. 760, PAGE TWO OF THREE PRESENTED AND PASSED on first and final reading on the 27th day of September, 1983, at a regular meeting of the Euless City Council, by a vote of ayes, _( nays, and abstentions. ATTEST: APPROVED: f�d�4.Crr .CY. s� %.i4�wcGC.GGV Harold D. Samuels, Mayor Kay Rai y, y Secre ry AS TO FORIT-v-- ORDINANCE NO. 760, PAGE THREE OF THREE