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HomeMy WebLinkAboutOrdinance 2747 AN ORDINANCE REQUIRING A PERMIT FOR CERTAIN ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION; REQUIRING SALES TAX INFORMATION TO DETERMINE COMPLIANCE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION. 2 4 6 8 ORDINANCE NO. 2747 10 WHEREAS, the City Council desires to restrict establishments which derive 75% or more of gross revenue rrom the sales of alcoholic beverages for on premise consumption 12 and to enact regulations which will better enable the City to ensure compliance; NOW, THEREFORE, 14 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, 16 TEXAS: 18 Section 1: 20 22 24 26 Section 2. 28 30 32 Section 3: 34 36 38 Section 4: 40 42 44 THAT establishments deriving 75% or more of gross revenue rrom the sale of alcoholic beverages for on premise consumption shall not be permitted in the City without a permit issued by the City's Planning and Zoning Department. No such permit shall be granted for any establishment which is also a sexually oriented business, 0 r which is located within 500 feet 0 fa ny residence 0 r another establishment which derives more than 75% of its revenue rrom the sale of alcoholic beverages for on premise consumption. No permit shall be issued for any such establishment unless it is properly zoned. Establishments which purvey alcoholic beverages for on premise consumption shall be required to provide sales tax information annually to the City's Planning and Inspection Department to determine whether they require permits. Such information may be marked "confidential" and limited by the provider to use in enforcement of these requirements. 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 Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation punishable hereunder. All rights and remedies ofthe City of North Richland Hills are expressly saved as to any and all violations ofthe provisions of any ordinances affecting health and safety which have accrued at the time ofthe effective date ofthis 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. Ordinance No. 2747 Page lof2 2 Section 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis 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 ofthe 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. 4 6 8 10 12 Section 5: 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. 14 16 AND IT IS SO ORDAINED. 18 Passed on the 27th day of October, 2003. '~~"t< 22 ~(t"~+""""""'.." ~"''Í' ./ ..... n ....~... :;:-"" .. .. -:.. 24 iðf r \.....~ ~....\. ATfPíiT: if} ~~. n ..~: 26 \:;qill::¿ ~ 28 '--./ Patricia Hutson, City Secretary By: RICHLAND HILLS 20 30 34 ~s TO FORM AND LEGALITY: George A. Staples, ttomey 32 36 S TO C1NTENT: /:.ÆØu-- Ordinance No. 2747 Page 20f 2 INVOICE Star!fele~'"-~!" m\~IIIIIIi" ...... .w.,,~·.·.w.w.,,·.,,~~·."V.·."" ) 1< N I G H T RID D E R > Star-Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: CIT13 234109881 11/05/2003 Net due in 21 days 11/30/2003 Invoice Date: Terms: Due Date: PO Number: Order Number: 23410988 Sales Rep: 073 Description: CITY OF NORTH RI Publication Dates:l1/04/2003 - 11/05/200 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS. TX 76182- CITY OF NORTH RICHLAND HILLS 13580 50 50 LINE $6.73 $673.00 Sales Discount ($637.00) ~~ Of'IoIN':1.mNd. . 2747 An ordinance requiring a permit for certain e ltabllsAment l se)l- Ing BlcohQlic beve.r~ ages for on premise.. consumptlQn; requif-:; ~iti¿S~~~ ~e~ic:.~·· compliance; providing a ponalty; providing 11-' savingscraU81!; .øro- vldlng a severaölllty clal.lse;and providing for publication. Any person. firm or corporation violating any: provision ,. of thlÅ¡. ordinance !!hall·· bIB ~':~~oa'1,~~ty 0~n3 :Upon final convICtion tliereof flnod in an ~~~u~t~~~~ 'frg.r:':~ T ($500.00)h EaÇh day" any sue· \1lolatlon C sha'l bo allowed to continuo shall constl- tute a separate vio.; B latlon .puni.shaÞlè , hereunder. . Passèd and !!'PR[QWIIIt. fc this the 2711\ _...' > tt October ~F.1þ3ÂOVEOt ¡ (I 18I08ca. Trev~ .. A TTI:$Ti," M.yo~" ~'.Hu..tson -. _...'.. ryASlíÍ .. . . " LEGA,t.;, I. ... . S ~orn:aPles :, Net Amount: $ j/P,DD n and for said County and State, this day personally appeared CHRISTY L. HOLLAND, Bid and Legal Coordinator .... by th. SU. T ......m. '"" "m " T,",", Coooty, T..." ood who, ,ft" ""0, du~ <worn. d" d.po,..od .., ~ TO BEFORE ME, THIS Monday, November 10, 200 . 'iJ Notary Public '-1J - ~ WéLO~ '~~'---~~~~MA"~ r·'t'~L\¡';",J:CC·("'Ì\; ~-'·/I~·' '"' ,l Thank You For Your Payment :l:;:;~~;~;;I;, t=;~:E" I: - - - - - - - - - - - - - - - - - - - - - - - - - -.......-,......,.......""".. . I~ ..> ,.-"----~"j.... ,..;4··.....·:...___ ~ ..~- --. ............ """""" - ............ """""" -...- Remit To: Star-Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: CIT 13 CITY OF N RICHLAND HIL 234109881 $ 3lt ,DL) PO Number: Amount Enc1osed:¡$ ']