HomeMy WebLinkAboutOrdinance 1924
ORDINANCE NO. 1924
AN ORDINANCE AMENDING ORDINANCE 804
REGULATING SALE OF MIXED BEVERAGES
WHEREAS, Ordinance No. 804, passed and approved on the 10th day of March,
1980 regulates the sale of Mixed Beverages in the City; and
WHEREAS, said Ordinance No. 804 allows mixed beverage sale only in conjunction
with the sale of prepared food for on-premise consumption; and
WHEREAS, said Ordinance No. 804 makes the sale of mixed beverages lawful only
when the ratio of gross receipts from the sale of food on the premises to gross receipts from
the sale of mixed alcoholic beverages is at least 3 to 2; and
WHEREAS, said Ordinance No. 804 requires a Special-use Permit for mixed
alcoholic beverage sales; and
WHEREAS, the City Council finds that in order to protect the health and general
welfare of the City and its inhabitants and to comply with the laws of the State, certain
amendments to Ordinance No. 804 needs to be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS that:
1.
The requirement of a 3 to 2 ratio of sale of prepared food and mixed alcoholic
beverages is retained, so that the sale of mixed alcoholic beverages is lawful in a restaurant
where prepared food is served and accounts for at least 60 percent of the gross sales for said
establishment. Such establishment must be located in those districts permitted by the
Comprehensive Zoning Ordinance and such establishment must possess a current city permit
for such use.
2.
The requirement for a Special Use Permit and the application therefore is repealed.
This paragraph shall not affect the requirement for the regular statutory city permit; which
is and shall be required. Such city permit shall be issued by the City Secretary to those
persons qualifying for same.
Ordinance No. 1924
Page 2
3.
The City of North Richland Hills shall have the right to determine by audit if thr 3
to 2 ratio is being met and may select any 90 consecutive day period for audit not more
frequently than twice per annum. Permit holders will keep daily records of food sales and
mixed beverage sales and shall retain said records for a period of at least one year. A
summary of weekly sales of food sales and mixed beverage sales shall be submitted each six
months to the City Secretary not later than February 1st and August 1st covering the periods
July 1st to December 31st, and January 1st to June 30th, respectively. Should the audit
show that the aforementioned 3 to 2 ratio is not being met, then mixed beverage sales shall
be suspended for a period of thirty (30) days in the first instance and the permit holder shall
submit a plan to the city for achieving the 3 to 2 ratio. If this plan is satisfactory to the City
Manager, then the sale of mixed beverages may resume at the end of the thirty (30) day
suspension period. Should a subsequent audit show that the ratio of 3 to 2 is not being
maintained, then the City Secretary shall void the city permit and notify the Texas Alcoholic
Beverage Control Commission.
Failure to maintain or submit required records when called upon to do so or
falsification of records shall constitute a violation of this ordinance and will be grounds for
the City Secretary to revoke the permits and will be grounds for the City Secretary to refuse
to renew the city permit.
4.
This Ordinance amends Ordinance No. 804 and shall be in full force and effect from
and after its date of passage.
PASSED AND APPROVED this 13th day of September, 1993.
APPROVED:
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Tommy Bro~ ~ayor
ATIEST:
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Rex McEntire - Attorney for City