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Home My WebLink AboutOrdinance 2752 ORDINANCE NO. 2752 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AND REQUIRING A SPECIAL USE PERMIT FOR CERTAIN ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 310 of Ordinance 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills is hereby amended by adding to Section 310 a use permitted only with a Special Use Permit for establishments deriving 75% or more of gross revenue from the sale of alcoholic beverages for on premise consumption in the "C-2" Commercial, "HC" Heavy Commercial, and "0" Outdoor Commercial Zoning Districts. Section 2: Article 6 of Ordinance 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills is hereby amended by adding a new Section 610 which shall read as follows: "Section 610. ALCOHOLIC BEVERAGE REGULATIONS A. An establishment which derives more than 75% of its revenue from alcoholic beverage for on premises consumption shall be allowed in the City only in "C-2" Commercial, "HC" Heavy Commercial, and "OC" Outdoor Commercial Zoning Districts Ordinance No. 2752 Page lof3 with a Special Use Permit. Establishments which are hereafter opened and purvey alcoholic beverages for on-premise consumption may be required to provide sales tax information to the City to determine whether they are properly zoned. Such information may be marked "confidential" and limited by the provider to use in enforcement of these requirements. No such permit shall be granted for any establishment which is also a sexually oriented business or which is located within 500 feet of any residence or another establishment which derives more than 75% of its revenue from the sale of alcoholic beverages for on premise consumption. B. Establishments which do not currently have a permit issued by the State of Texas which begin after the passage of this ordinance to purvey alcoholic beverages for on premise consumption and which do not have Special Use Permits as required by Subsection A. above shall provide copies of state sales tax returns and state alcoholic beverage tax returns annually to the City's Planning and Inspection Department prior to January 15 of each year covering the most recent calendar year to determine whether they require such permits. Such information may be marked "confidential" and limited by the provider to use in enforcement of these requirements." Section 2: Section 3: Section 4: Section 5: Ordinance No. 2752 Page 2 of3 Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. 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 or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity 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 invalid phrase, clause, sentence, paragraph or section. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. Passed on the24th day of November, 2003. \\'~'" . '.." ,,~.~ eAt'J4. ....::";"" ""I..~'~.:::.!!Ot;,'" f§j" i... ,~. '." ;: ~. n ". ~ ~ ~.. "." ~ ~ l "~~ :. ::~ : ~. : ::: r :....: l~~TEST: h ./~/ ~"O".. .'~' ....",;" .... ....... ~ ..::¡,.....,... dbdl~~ Patricia Hutson, City Secretary By: Oscar Trevino, Mayor AND LEGALITY: A.eØ A Ordinance No. 2752 Page 30f 3 > 1< N IG HT R I DOE R) Star-Telegram 400 W, 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 INVOICE Star- m Customer ID: Invoice Number: CIT13 235488611 12/12/2003 Net due in 21 days 12/31/2003 Attn: FINANCE . DEPT Invoice Date: Terms: Due Date: PO Number: Order Number: 23548861 Sales Rep: 073 Description: CITY OF NORTH RI Publication Dates:12/11/2003 -12/121200 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- CITY OF NORTH RICHLAND HILLS 13580 54 54 LINE $2.51 $270.84 Sales Discount SUBSCRIBED AND SWO ~ An orclintlncll .-do Ing the' Comprehen- sive Zoning Ordi- nance of the Cltv of North Rlchland Hills. Texas and requirtng a . special use permit, for certain estabhshc ments selling alco- holic beverages for on premise consumption; providing a pen!lty; þrovldlng a .S!Vlngs clause'b providing a severa IIlty clause; and providing for publication. Any person, fIrm. or corporation violating any provision of thlä ordinance shall be deemed. guilty of ad misdemeanor ,an ~tf~~o~lnf¡~;gny~ctl~~ amount not to excoeedl Two Thousand 0 - THE STATE OF TEXAS lars ($2.000,001, Each day any such vrolatlon County of Tarrant ~~~II,.;~: s~~?iwc~~;~ tute a separate VIO- lation and punishable Before me, a Notary Publl hereunder. . d and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, put Pt~T:eg.ea'11t~p~~~veOf -am, Inc. at Fort Worth, In Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping, A~?>v¡:\'g"~b~0~3, published \ ORg;;N T E INTERNET In the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TLEGRAM '¿~~~9r%J~':,v~n~ayor (817) 390-7320 ATTEST: Hutson - /) tson - City , TO Signed '~il:~:::,~ß~~L¿f (Aæu~ ($232.40) Net Amount: $38.44 Thank You For Your Payment CHRISTY I.. HOLLAND * MY COMMISSION EXPIRES - JU[ÿ 31, 2004 -- , , -...........--------- --- --- -....-...- ~-- ~ ----- ~- ...........-- - --..., ----- Remit To: Star-Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT13 CITY OF N RICHLAND HILL 235488611 $38.44