HomeMy WebLinkAboutOrdinance 8950t~ ~ 1
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ORDINANCE NO. ~D
AN ORDINANCE AMENDING CHAPTER 5, "ALCOHOLIC BEVERAGE5,"
OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS
AMENDED, BY REVISING THE FEES FOR ALCOHOLIC BEVERAGE
PERMITS IN SECTION 5-1 AND ADDING PERMITS THAT ARE ALLOW-
ABLE UNDER THE ALCOHOLIC BEVERAGE CODE; BY REVISING
SECTION 5-2 TO PROVIDE FOR FEES FOR ALCOHOLIC BEVERAGE
LICENSES; BY ADDING SECTION 5-2A TO PROVIDE CERTAIN TRAN-
SITIONAL PROVISIONS; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE: PROVIDING R SEVERABILITY CLAUSE, PROVIDING
A SAVINGS CLAUSE; AND PROVIDING AN E.Fk'ECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNGIL OF THE. CITY QF FORT WORTH,
TEXAS:
SECTION 1.
That Section 5-1, "Fees for permits generally", of the bode of
the City of Fort Worth, Texas (1964), as amended, be amended, such
section to read as follows:
"Section 5-1, Fees for Permits.
The following fees are hereby levied and assessed and
shall be collected by the City of Fort Worth for each per-
mit issued by the State of Texas pursuant to the Texas
Alcoholic Beverage Code for premises located within the
City which fee shall be paid by the permittee:
(a) Brewer's permit. The annual fee for each holder of a
'brewer's permit,` defined by V.T.C.A., Alcoholic
Beverage Code §12.01 shall be $?50.
(b) Nonresident brewer's permit. The annual fee for each
holder of a 'nonresident brewer's permit,' defined by
V.T.C.A., Alcoholic Beverage Cade §13.01, shall be
$750.
(c) Distiller's and Rectifier's permit. The annual fee
for each holder of a `distiller's and rectifier's
permit,` defined by V.T.C.A., Alcoholic Beverage Code
§14.01 shall be $750.
(d) Winery permit. The annual fee for each holder of a
'winery permit,' defined by V.T.C.A., Alcoholic
Beverage Code §16.01 shall be $37.50.
(e) Wine bottlers permit. The annual fee for each holder
of a 'wine bottlers permit,' defined by V.T.C.A.,
Alcoholic Beverage Code §18.01 shall be $112.50.
(f) Wholesaler's permit. The annual fee for each holder
of a 'wholesaler's permit,' defined by V.T.C.A.,
Alcoholic Beverage Code §19.01 shall be $937.50.
(g) General Class B wholesaler's permit. The annual fee
for each holder of a 'general class B wholesaler's
ermit,' defined by V.T.C.A., Alcoholic Beverage Code
20.01 shall be $150.
(h) Local class B wholesaler's permit. The annual fee for
each holder of a 'local class B wholesaler's permit,'
defined by V.T.C.A., Alcoholic Beverage Code §21.01
shall be $37.50.
(i) Package store permit. The annual fee for each holder
of a 'package store permit,' defined by V.T.C.A.,
Alcoholic Beverage Code §22.01 shall be $150.
(j) Local distributor's permit. The annual fee for each
holder of a 'local distributor's permit,' defined by
V.T.C.A., Alcoholic Beverage Code §23.01 shall be
$50.
(k) Wine only package store permit. The annual fee for
each holder of a 'wine only package store permit,'
defined by V.T.C.A., Alcoholic Beverage Code §24.01
shall be $37.50.
(1) Wine and beer retailer's permit. The annual fee for
each holder of a 'wine and beer retailer's permit,'
defined by V.T.C.A., Alcoholic Beverage Code §25.01
shall be $87.50.
(m) Wine and beer retailer's off-premise permit. The
annual fee for each holder of a 'wine and beer re-
tailer's off-premise permit,' defined by V.T.C.A.,
Alcoholic Beverage Code §26.01 shall be $30.
(n) Mixed beverage permit. The annual fee for each holder
of a 'mixed beverage permit,' defined by V.T.C.A.,
Alcoholic Beverage Code §28.01 shall be $375.
(o) Mixed beverage late hours permit. The annual fee for
each holder of a 'mixed beverage late hours permit,'
defined by V.T.C.A., Alcoholic Beverage Code §29.01
shall be $75.
(p) Daily temparary mixed beverage permit. The annual fee
for each holder of a 'daily temporary mixed beverage
permit,' defined by V.T.C.A., Alcoholic Beverage Code
§30.01 shall be $25.
(q) Caterer's permit. The annual fee for each holder of a
'caterer's permit,' defined by V.T.C.A., Alcoholic
Beverage Code §31.01 shall be $250.
(r) Private club late hours permit. The annual fee for
each holder of a 'private club late hours permit,'
defined by V.T.C.A., Alcoholic Beverage Cade §33.01,
shall be $375.
(s) Nonresident seller's permit. The annual fee for each
holder of a 'nonresident seller's permit," defined by
V.T.C.A., Alcoholic Beverage Code §37.01, shall be
$75.00.
(t) Medicinal permit. The annual fee for each holder of a
'medicinal permit,' defined by V.T.C.A., Alcoholic
Beverage Code §39.01 shall be $150.
(u) Beverage cartage permit. The annual fee far each
holder of a 'beverage cartage permit,' defined by
V.T.C.At., Alcoholic Beverage Code §44.01 shall be
$10.
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(v) Bonded warehouse permit. The annual fee for each
holder of a 'bonded warehouse permit,' defined by
V.T.C.A., Alcoholic Beverage Code §46.01 shall be
$75."
SECTION 2.
That section 5-2 "Fees in connection with sale of vinous or
malt beverages" of the Code of the City of Fort Worth, Texas (1964),
as amended, be amended, such section to read as follows:
"Section 5-2. Fees for licenses.
The following fees are hereby levied and assessed and
shall be collected by the City of Fort Worth for each
license issued by the State of Texas pursuant to the
Alcoholic Beverage Code for premises Located within the
City which fee shall be paid by the licensee:
(a) Manufacturer's license. The annual fee for each
holder of a 'manufacturer's license,' defined by
V.T.C.A., Alcoholic Beverage Code §62.01, shall be as
follows:
(1) the fee for the first establishment shall be
$375.
(2) the fee for the second establishment shall be
$75a.
(3) the fee for each of the third, fourth, and fifth
establishments shall be $2,137.50.
(4) the fee for each establishment in excess of five
shall be $4,200.
(b) General distributor`s license. The annual fee for
each holder of a 'general distributor's license,' de-
fined by V.T.C.A., Alcoholic Beverage Code §64.01,
shall be $150.
(c) Local distributor's license. The annual fee for each
holder of a 'local distributor's license,' defined by
V..T.C.A., Alcoholic Beverage Code §65.01, shall be
$37.50.
(d) Branch distributor's license. The annual fee for each
holder of a 'branch distributor's license,' defined
by V.T.C.A., Alcoholic Beverage Code §66.01, shall be
$37.50.
(e) Importer's license. The annual fee for each holder of
an 'importer's license,' defined by V.T.C.A., Alco-
holic Beverage Code §67.01, shall be $10.
(f) Importer's carrier's license. The annual fee for each
holder of an 'importer's carrier's license,' defined
by V.T.C.A., Alcoholic Beverage Code §68.01, shall be
$10.
(g) Retail dealer's on-premise license. The annual fee
for each holder of a 'retail dealer's on-premise
license,' defined by V.T.C.A., Alcoholic Beverage
Code §69.01, shall be $75.
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(h) Retail dealer's on-premise late hours license. The
annual fee for each holder of a 'retail dealer's on-
premise late hours license,' defined by V.T.C.A.,
Alcoholic Beverage Code §70.01, shall be $125.
(i) Retail dealer's off-premise license. The annual fee
for each holder of a 'retail dealer's off-premise
license,' defined by V.T.C.A., Alcoholic Beverage
Cade §71.01, shall be $30.
SECTION 3.
That a new Section 5-2A, "Transitianal Provisions," be added to
Chapter 5 of the Code of the City of Fort Worth, Te~tas (.1964) , as
amended, such section to read as follows:
"Section 5-2A. Transitional provisions.
(a) The fees for a permit or license issued or renewed
before the effective date hereof shall be covered by
the ordinance or law in effect on the date that such
permit or license was issued or renewed, and such
prior provisions of ordinances or laws are continued
in effect for that purpose.
{b) The following transitional fees shall apply beginning
on the effective date hereof, notwithstanding the
provisions of Sections S-1 and 5-2 aboves
{1) Until September 1, 1984, the fee for a mixed
beverage permit issued under Section 5-1,
Paragraph (n), shall be $312.50 for the third or
a subsequent renewal of a mixed beverage permit.
(2) Until September 1, 1984, the fee for a private
club late hours permit issued under Section 5-l,
Paragraph {r), shall be $312.50.
SECTION 4.
That this ordinance shall be cumulative of all provisions of
ordinances 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 5.
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-
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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
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and a],l violations of the provisions of
Sections 5-]. .and 5-2 of the City Code or any other ordinances
affecting alcoholic beverages which have accrued at the time of the
effective date of this ordinance; an d, 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 7.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
effective date in the minutes of the City Council and by filing the
ordinance in the ordinance records of the City.
SECTION 8.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED: l® -~~-~3
EFFECTIVE:
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MASTER FILE 1 y. , ~.
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CITY MANAGER 1
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MANAGfi+wEN Fk~•,.Vpy>I REFERENCE SUBJECT PAGE
NUMBER Ad~ustment Of A1COhOliC Bevera e I 2.
rAx•~ 10/18/83 **G-5787 3 g > of
r.~+w•i I
POLICE ADMI TR ION•1
acAkground
MUNICIPAL C URT ApMIN•3~
The Alcoholic Beverage Code has been amended to increase the state permit and
PROSECUTING'A~L~p~>g fees.. Because the City is authorized to charge a fee up to one-half of
CgIEF7ODdEs the state fee, the City of Fort Worth can now raise most of the permit and
license fees. A f ew types of permits and licenses are exempted by The Code from
local fees.
Attached is a proposed ordinance which parallels the Alcoholic Beverage Code
and includes all fees that the City can legally collect. The
proposed permit and license fees are as follows: current and
Permits Current Proposed
Brewer's $500.00 $750.00
Non-resident Brewer's 500.00 750.00
Distiller's and Rectifier's 500.00 .750.00
Winery 25.00 37.50
Wine bottler's 75.00 112.50
Wholesaler's 625.00 937.50
General Class B Wholesaler's 100.00 150.00
Local Class B Wholesaler's 25.00 37.50
Package store 125.00 150.00
Local distributor's 25.00 50.00
Wineronly package store 6.25 37.50
Wine and beer retailer's 15.00 87.50
Wine and beer retailer's off -premise 7.50 30.00
Mixed beverage (3rd & subsequent renewals)
(original, 1st and 2nd renewals are exempt)
until September 1, 1984 250.00 312.50
of ter 'September 1, 1984 250.00 375.00
Mixed beverage late hours
. 50.00 75.00
. ,
Daily temporary mixed beverages
12.50
25.00
Caterer's 125.00 250.00
Private club late hours
until September 1, 1984 250.00 312.50
afte~`September '1, 1984 - 250.00 375.00
Non-resident seller's 100.00 75.00
Medicinal ~ 125.00 150.00
Beverage Cartage 5.00 10.00
Bonded warehouse 50.00 75.00
DATE REFERENCE
NUMBER SUBJECT ~ PAGE
10/18/83 **G-5787 Adjustment of Alcoholic Beverage 2 2
-- -. of _._.._
Licenses Current Proposed
Licensed manufacturing establishment:
1st establishment 250.00 375.00
2nd establishment 500.00 750.00
3rd, 4th, and 5th establishment, each 1,425.00 2,137.50
each establishment in excess of 5, each 2,800.00 4,200.00
General distributor's 100.00 150.00
Local distributor's 25.00 37.50
Branch distributor's 25.00 37..50
Importer's 2.50 10.00
Importer's carrier's 5.00 10.00
Retail dealer's on-premise 25.00 75.00
Retail dealer's on-premise late hours 50.00 125.00
Retail dealer's off -premise - 10.00 30.00 `
Recommendation
It is recommended that the attached ordinance be adopted to adjust alcoholic
beverage permit and license fees as propos ed.
VS:la
aPP~ovEO BY
CITY COUNCIL
OCT 1ffi 1983
Citg Sxzetart of tl~e
Citt of F.oILt 1d(J~t~, T~c,as
SUBMITTED FOR TH
CITY MANAGER'S ~U
DISPOSITION BY COUNCIL.
PROCESSED BY
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OFFICE BY ^ APPROVED
ORIGINATING [] OTHER (DESCRIBE)
DEPARTMENT HEAD• Charles BOSWell CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Ch
l IIVANCE N s(/
Q
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ar
es Boswell Ext. 8500 .
7 DATE