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HomeMy WebLinkAboutOrdinance 1761 ORDINANCE NO. AN ORDITANCE t'ROVIDING FOR TlIE REqUIREi;iENT AND ISSUANCE OF LICENSE PERMITS TO PERSONS, FIRMS, CORPOR11TIONS OR ASSOCIATIONS OF PER- SONS THAT HAVE BEEN DULY AUTHORIZED ON FORMS PRESCRIBED BY THE COMPTROLLER OF THE STATE OF TEXAS TO ENGAGE IN THE BUSINESS OF THE MANUFACTURE, SALE OR DISTRIBUTION OF VINOUS OR MALT BEVERAGES IN THE CITY OF FORT NORTH; PROHIBITING THE SALE OF BEER BY ANY DEALER 'NHOSE PRINCIPAL BUSINESS IS THE SALE OF BEER 111ITHIN THREE HUNDRED (300) FEET OF ANY CHURCH, SCHOOL OR OTHER EDUCATIONAL INSTITUTION; DE- CLARING THIS ORDINANCE TO BE CUMULATIVE OF ALL OTHER ORDINANCES LEVYING AND ASSESSING LICENSE OR OCCUPATION TAXES; AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. PREAMBLE WHEREAS, by an amendment to the Constitution of the State of Texas duly adopted on the 26th day of August, A. D. 1933, the manufacture, distribution or sale of vinous and malt liquors containing not more than three and two-tenths per cent alcohol by weight was permitted and authorized.; and, tr�TIEREAS, by virtue of the terms of House Bill No. 122, Chapter 116, duly passed by the Forty-third Legislature, the City of Fort Worth was authorized to levy and collect from every person that may be given a license to manufacture, sell or distribute vinous or malt liquors a fee equal to one-half of -the fee paid the State of Texas ; and, T,'IIEREAS, the same act of the Legislature further author- ized the City Council of the City of Fort %%'orth, Texas, to prohibit the sale of beer by any dealer whose principal business is the sale of beer where the place of business of any such dealer is within three hundred (300) feet of any church, school or educational in- stitution; NOIN, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT '. ORTH, TEXAS: SECTION I. That there is hereby levied and assessed and shall be collected from every person, firm, corporation or association of persons pursuing or that may pursue within the corporate limits of the City of Fort 'Borth, Texas, the business of selling vinous or malt liquors as defined in House Bill No. 122, Chapter 116, passed by the Forty-third Legislature at its regular session and which law is published, beginning at page 288, in. a general pamphlet the publication of which was authorized by said Legislature, and upon which a state license tax is levied under the authority of said law, and the license tax herein levied and assessed is one- half of the said state tax and. is as follows : (a) For a license authorizing the manufacture and sale by the manufacturer--4-250.00, (b) for a general distributor--�A00.001 (c ) for a local distributor--%,25.00, (d) for a license authorizing the sale of beer by a retail dealer for consumption on or off the premises where sold--�Y50.00, and (e ) for a license authorizing the sale of beer for a retail dealer in the original container direct to the consumer, but not for resale and not to be constuned on the premises where sold--4Y25.00. SECTION II. Before any license shall be issued by the City of Fort Worth the applicant shall furnish appropriate evidence to show that the al:plicant has been issued a license to engage in such business by the Tax Collector of. Tarrant County on a form prescribed by the Comptroller of the State of Texas, and all licenses issued under the terms of this ordinance shall terminate at midnight on the 31st day of December of each year, and no license shall be issued for a longer term than one year, and all licenses issued prior to the 31st day of December, 1933, shall be 1�aid for on a pro rata basis of that portion of the year to be consumed by the said permit. SECTION III. The license fee levied by this ordinance shall be col- lected by the Assessor and Collector of Taxes of the City of Fort forth and shall be paid to that officer by each and every person, firm, corporation or association of persons before engaging in such business and said Assessor and Collector of Taxes shall issue to the Applicant the proper license, which shall state on its face for what it is issued, date when it will expire, by whom and where such business is to be conducted and shall describe the place where sa,me is to be 1,Mpt and shall state whether licensee is authorized to act as a manufacturer, general distributor, local distributor or retail dealer as set out in ae application. SECTION IV. It shall be unlawful for any person, "iriri, corporation or association of perjons whose princi_.a.l business, is "Lhe sale of beer to sell beer vrhe.v : the place of business, of any suc z dealer is within three hundred (300) feet of any churc?:i, school or other educational institution, the measure-aents to be along the property lines of the street fronts and frora front door to front door and in a direct line across intersections where they occur. SECTION V. In the event any section, subsection, sentence, clause or phrase of this ordinance shalV'be declared or adjudged invalid or unconstitutional by a court of competent jurisdiction, such adju- dication shall in no manner affect; any other sect;ions, subsections, sentences, clauses or phrases of this ordinance, but all the rest and .remainder hereof shall be in full force and effect just as though the said section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not origi- nally a part thereof, and it is declared that the rer,iainder of this ordinance would have been passed by the City Council if it had known that the part declared to be invalid was invalid. SECTION VI. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of resort Worth levying and assessing license or occupation taxes and shall not operate to repeal or affect any such ordinance or ordinances. SECTIO:d VII. Any person, firm, corporation or association of persons pursuing or engaging in the business of manufacturing, selling or distributing vinous or malt liquors, and upon which a license tax is herein assessed and levied, without Raving paid said license tax or who is guilty of violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any semi not to exceed ;x200.00, and each day of so offending shall be and constitute a separate offense. "EC'!ION VIII. This ordinance shall take effect and be in full force and. effect from and after the date of its passage and publication as required by law, APPROVED AS TO FOM1,1 AND LEG:%LITY: �`- city Attorney