HomeMy WebLinkAboutOrdinance 0804
ORDINANCE NO. 804
BE IT HEREINAFTER ORDAINED THAT SECTION V, ARTICLE X, OF
ORDINANCE #179 IS CHANGED TO READ AS FOLLOWS:
SECTION V, REQUIREMENTS RESPECTING THE SALE OF MIXED BEVERAGES:
A Specific Use Permit for the sale of mixed beverages is required
and shall be granted only when such use is to be in conjunction with the
sale of prepared food for on premise consumption, and when the ratio of gross
receipts from the sale of such food on the premises to gross receipts from
the sale of mixed beverages on the premises is at least 3 to 2. The Specific
Use Permit is not transferable and Specific Use Zoning shall revert to the
basic zoning upon change in ownership or tenancy.
The City of North Richland Hills shall have the right to determine
by audit if this 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 will void the Specific Use Permit
and notify the Texas Alcoholic Beverage Control Commission.
Failure to maintain or submit required records or falsification of
records shall constitute a violation of this ordinance and will be punishable
as specified in Article XXX, and shall constitute full and sufficient grounds
for the voiding or non-renewal of the Specific Use Permit.
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Building plans for permit applicants must show kitchen facilities,
to include appliances, adequate in the opinion of the Building Official to
produce sufficient food to support a 3 to 2 ratio of food to mixed beverage
sale. Plans which do not include such facilities will be rejected.
Applications for Specific Use Permits must be accompanied by a
signed letter from the applicant indicating consent to the terms of Section
V, Article X, of Zoning Ordinance #179.
PASSED AND APPROVED THIS
10th DAY OF March
, 1980.
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M~~~r, D1C Faram
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~y'secretary, Jeanette Moore
APPROVED AS TO FORM AND LEGALITY
City Attorney, Rex McEntire
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