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Home My WebLink AboutOrdinance 9036~;, .~ - ~ ;~ / ~ ~, -~ •~ r: i ORDINANCE NO. G V :r> it ' -~. ~~ AN ORDINANCE AMENDING CHAPTER 5, "ALCOHOLIC BEVERAGES," OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY AMENDING SECTION 5-4 THEREOF TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL; PROVIDING FOR THE MEASUREMENT OF DISTANCE; PROVIDING FOR VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVID- ING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 5-4 of Chapter 5, "Alcoholic Beverages," of the Code of the City of Fort Worth, Texas (1964), as amended, be amended to read as follows: "Sec. 5-4. Sale of alcoholic beverages within 300 feet of church, school or hospital prohibited. "(a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within 300 feet of any church, public school or public hospital. "(b) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The meas- urement of the distance between the place of business where alcoholic beverages are sold and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. For any premises where minors are prohibited from entering the premises under the Texas Alcoholic Beverage Code, the measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections. For any place of business which was legally licensed or per- mitted by the Texas Alcoholic Beverage Commission and the City of Fort Worth on September 1, 1983, and which busi- ness has been continuously in operation from that date, whether or not under the same license or permit, the measurement of the distance between the place of business and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. "(c) The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best •~ „ r, :k., interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. No variance may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet of the location of said business, to be measured in a straight line from the front door of the business seeking a variance, such notice to be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved city tax roll." SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), 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. 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 unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality 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 un- constitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance and said Code shall be fined -2- ,~, ~~~m. o :~, .. it s w ~ Fy~~ rR. '~ ~ ~ ~ -~ ;: 1 •i ~~ l ~, not more than Two Hundred ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Section 5-4 of the City Code or any other ordinances affecting the sale of alcoholic beverages 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. ~` ~~_ SECTION 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, penal- ty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. 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 Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. A PROVED AS TO FOR AND LEGALITY: City Attorney Date : ~. ' l ~ - Q `C ADOPTED: ~ _ ~ 1 _ b 1 EFFECTIVE: ... -3 - ~-. M--.. - ~ pity ®~` ~''~r~ ~®r~h, ~e.~~z~ QIiY Ml1M A~@9~iNT O'RAfV~P9 POLICE L'AWsI' . - ~~ +~'D'A~E REFERENCE SUBJECT Alcoholic Bevera es - Sales g PAGE yA•s2/21/84 NUMBER G- 5908 Near School, Church or Hospital 1 1 of - _.__ TATION~RUBUC WORK6:~ DMIrI~~,~T~tP~ 5-4 of the City Code prohibits the sale of beer within three hundred feet of a church or school in the City of Fort Worth. This ordinance was enacted pursuant to state statute (currently codified as Section 109.33 of the Texas Alcoholic Beverage Code). Section 109.33 was recently amended by the State Legislature, thereby causing the City ordinance to be in conflict In order to make the City ordinance consistent with state law, the Department of Law has drafted an ordinance amending Section 5-4 of the City Code as follows: 1) Prohibiting the sale of any alcoholic beverages within three hundred feet of a church, public school or public hospital, 2) Providing for measurement of the three hundred foot distance in accordance with state law; and, 3) Allowing the City Council to grant variances from the regulation under certain circumstances. Recommendation It is recommended that the City Council adopt the attached ordinance amending Section 5-4 of the City Code, as provided above. DAI:jc Attachment ' APPROVED BY CITY COU~CIh FE8 2Y f984 v ,~ :~ C=tY of Fogt vii, SUBMITTED FOR THE ~ a CITY MANAGER'S ~ ~ DISPOSITION BY COUNCIL. PROCESSED BY nFFICE BY L JL ~ = APPROVED ORIGINATING Wade Adk1nS r' OTHER (DESCRIBE) DEPARTMENT HEAO• CITY SECRETARar fIONAL INFORMATI,Qa 7623 A OPTED ORDINANCE N0. 03~ ~r~I de Adkins Ext CONTACT DATE