HomeMy WebLinkAboutOrdinance 2805
ORDINANCE NO. 2805
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AN ORDINANCE AMENDING SECTION 5'lí-2 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES REVISING ALCOHOLIC BEVERAGE
REGULATIONS TO CONFORM TO STATE LAW ADDING A PROVISION
ALLOWING SALE OF MIXED BEVERAGES BETWEEN MIDNIGHT AND
2:00 A.M. BY THE HOLDER OF A RETAIL DEALER'S ON-PREMISES LATE
HOURS LICENSE; PROVIDING HOURS FOR WINE SALES; PROVIDING A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the Texas Legislature, by Acts 2003, 78th Legislature, Chapter 685, amended
Section 105.03(d) ofthe Texas Alcoholic Beverage Code to limit on-premises
14 sales of alcoholic beverages between midnight and 2:00 a.m. in cities under
500,000 to those cities which pass ordinances permitting such sales; and
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WHEREAS, the City Council desires to update its regulations to reflect the hours for sale of
18 alcoholic beverages established by state law; and,
20 WHEREAS, recent local option election results now allow sale of wine for off-premise
consumption; NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS,
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Section 1:
THAT Section 5);2-2 of the City of North Richland Hills Code of Ordinances
is hereby amended to read as follows:
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"Sec. 5'lí-2. Hours of sale for alcoholic beverages.
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(a)
Legal hours of sale of beer and wine for off-premises consumption are as
follows:
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(1)
(2)
(3)
Monday through Saturday: 7:00 a.m. to midnight;
Sunday: 12:00 midnight to 1:00 a.m. and noon to 12:00 midnight;
Wine with more than 17% alcoholic content shall not be sold on any
day after 10:00 p.m. or on Sunday.
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(b)
Legal hours of sale of mixed beverages for on-premises consumption are as
follows:
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(1)
(2)
Monday through Saturday: 7:00 a.m. to 12:00 midnight.
Sunday: 12:00 midnight to I :00 a.m. and 10:00 a.m. to 12:00 midnight.
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Ordimr.ce No. 2805
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Section 2:
Section 3:
Section 4:
Section 5:
(3)
F or the holder of a mixed beverage late hours permit, mixed beverages
may be sold on Sundays between the hours of 1 :00 a.m. and 2:00 a.m.,
and on any other day between the hours of 12:00 midnight and 2:00
a.m.
(c)
Any person selling any alcoholic beverages during times other than the legal
hours of sale will be in violation of this section and will be deemed guilty of a
class C misdemeanor punishable by a fine not to exceed the limit set out in
section 1-7.
(d)
Any person found purchasing any alcoholic beverage being sold in violation of
sections (a) or (b) above shall be deemed guilty of a class C misdemeanor
punishable by a fine not to exceed the limit set out in section 1-7."
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.
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.
The City Secretary is hereby authorized and directed to cause the publication
ofthe descriptive caption and penalty clauses ofthis ordinance as an alternative
method of publication provided by law.
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
Passed on the 27th day of September, 2004.
By:
Ordinance No. 2805
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Patricia Hutson, City Secretary
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APPROVED AS TO CONTENT:
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Department Head
Ordin.nce No. 2805
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