HomeMy WebLinkAboutOrdinance 10658v _ ~ _
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' ORDINANCE NO
AN ORDINANCE AMENDIraG THE COMPREHENSIVE ZONYNG
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
N0. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS
AMENDED, BY ADDING TO SECTION 18 SUBSECTION E: REGU-
LATING THE LOCATION OF BARS; PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE; PROVIDING A SEVER~'4BILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NE~eiSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth finds that the concentra-
Lion, proximity, and proliferation of bars (as defined herein) has
had an adverse effect on churches, parks, schools and residential
zoning districts.
WHEREAS, the City of Fort Worth has the power to regulate
the location of bars by virtue of its powers as a home rule city,
as well as its powers under Chapter 211 of the Local Government
Code and the Texas Alcoholic Beverage Code Section 109.57; and
WHEREAS, the City of Fort Worth wishes to regulate the loca-
tion of bars for the purpose of promoting the health, safety and
general welfare of its citizens and to establish reasonable regu-
lations concerning their location;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TFIE
CITY OF FORT WORTH, TEXASa
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' SECTION 1.
That "SECTION 18, MODIFICATIONS TO DISTRICT REGULATIONS" of
the Comprehensive Zoning Ordinance, being Ordinance T1o. 3011, as
amended, codified as Appendix "A" of the Code of the (:ity of Fort
Worth, Texas (1986), as amended, is hereby amended by adding a
Subsection E, which shall read as follows:
E. location Re~c u,~ations At~n~,~cable ~o Bars
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1) Any establishment located in "F" or "G"
Commercial Zoninq District that derives
seventy-five percent (75~) or more of the
establishment's gross revenue from the
"sale of alcoholic beverages for on-premise
consumption ("Bars") shall be subject to the
following location regulations:
a) No such establishment shall be located
within five hundred (500) feet of any
church, public or private elementary or
secondary school, public park, another
bar or a residentially zoned property.
b) Measurement of the distance under
Subsection a) shall be in a straight
line, without regard to inter~rening
structuzes or objects, from the nearest
property line of the bar to the nearest
property line of the church, park,
school, residentially zoned property or
other bar.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fart Worth, Tescas (1986) ,
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances
and such Code are hereby repealed.
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SECTION 3
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 by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, para-
graphs 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 unconstitutional phrase, clause, sen-
tence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who x•esists the
enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand ®ollars ($2,OOO.OOj for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION s.
All rights and remedies of the City of Fort ~lorth, Texas,
are expressly saved as to any and all violations of the provi-
sions of Ordinance No. '3011 or any other ordinances affecting
coning which have accrued at the time of the effective date of
v this ordinance; and, as to such accrued violations and all
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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.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is here-
by authorized to publish this ordinance in pamphlet form for
general distribution among the public, and the operative provi-
sions of this ordinance as sa published shall be admissible in
evidence in all courts without further proof than the production
thereof, as provided in Chapter xxV, Section 3, of the Charter of
the City of Fort Worth, Texas.
SECTION 7.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by e:opying the
caption, penalty clause and effective date in the minutes of the
City Council and by filing the ordinance in the ordinance records
of the City.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption, penalty clause and
effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by
Section 52.013, Texas Local Government Code.
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SECTION 4
This ordinance shall be in fu21 force and effect from and
after its passage and publication as required by law, and it is
so ordained
APPROVED AS TO FORM AND LEGALITY:
D~p~-yCity Attorney
Date : A._.~t~~_~q' ~____
ADOPTED • ~ ~ ~~ Q
EFFECTIVE: ~~ ~~~
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