HomeMy WebLinkAboutOrdinance 22650-04-2017 ORDINANCE NO. 22650-04-2017
AN ORDINANCE AMENDING CHAPTER 4, "ALCOHOLIC
BEVERAGES," OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY REPEALING
SECTION 4-1, "PERMIT FEES," AND SECTION 4-2,
"LICENSE FEES," IN THEIR ENTIRETY AND ENACTING
A NEW SECTION 4-1, "LOCAL FEES," TO LEVY LOCAL
FEES FOR ALCOHOLIC BEVERAGE PERMITS AND
LICENSES ISSUED FOR PREMISES WITH THE CITY IN
ACCORDANCE WITH STATE LAW; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth expends substantial resources in connection with
administering and enforcing laws and regulations related to premises within the City for which
alcoholic beverage permits and licenses have been issued;
WHEREAS, Sections 11.38 and 61.36 of the Texas Alcoholic Beverage Code authorize
the Fort Worth City Council, as governing body of the City of Fort Worth, to levy and collect a
local fee, with certain limited exceptions, for each alcoholic beverage permit and license,
respectively, issued for premises located within the City;
WHEREAS, the amount authorized to be charged as a local fee is tied to the state fee
and currently may not exceed one-half of the state fee;
WHEREAS, currently sections 4-1 and 4-2 of the City Code contain detailed schedules
that specify the amount of the local fee; the nature of the underlying state-issued permit or
license to which the fee applies; and the provision in state law addressing that permit or license;
WHEREAS, the current approach requires frequent monitoring and updating to ensure
on-going consistency with changeable state law, requiring allocation of resources that could be
put to higher and better use serving citizens and conducting the business of the City;
Ordinance No.22650-04-2017 Page 1 of 3
WHEREAS, it would be more efficient to replace the current approach with one that
refers and defers to state law in levying local fees and that adapts as state law changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Section 4-1, "Permit Fees," and Section 4-2, "License Fees," of the Code of the
City of Fort Worth, Texas (2015), as amended, are hereby repealed in their entirety.
SECTION 2.
That a new Section 4-1 of the Code of the City of Fort Worth, Texas (2015) as
amended, is enacted to be titled "Local Fees" and to read as follows:
Section 4-1 Local Fees.
There is hereby levied and assessed and shall be collected a fee
from every person, firm, corporation or association of persons
pursuing or engaging in any businesses in the City of Fort Worth,
Texas, for which a permit or license is required under the Texas
Alcoholic Beverage Code, as amended from time to time. The fee
shall be in the maximum amount permitted by the Legislature of the
State of Texas.
SECTION 3.
That this ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (2015), as amended, except where provisions of this ordinance
are in direct conflict with the provisions of such ordinances and such Code, in which the
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of the 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
Ordinance No.22650-04-2017 Page 2 of 3
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 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 the Code of the City of Fort Worth, or any other
ordinances of the City, that 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 this caption and effective date in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
SECTION 7.
This ordinance shall take effect and be in full force and effect from and after its adoption,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
1/Zn
Denis C. Mc lro , Ronald P. Gonzales,
Sr. Assistant rty Attorney Assistant City Secretary
ADOPTED: April 4, 2017
Ordinance No.22650-04-2017 Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/4/2017 - Ordinance No. 22550.04-2017
DATE: Tuesday, April 4, 2017 REFERENCE NO.: **G-18979
LOG NAME: 13REVISE AND REPEAL ALCOHOLIC BEVERAGE PERMIT FEE
SUBJECT:
Adopt Ordinance Revising Chapter 4, "Alcoholic Beverages," of the Code of the City of Fort Worth, Texas
by Repealing Sections 4-1 and 4-2 Specifying Local Fees for Certain Alcoholic Beverage Permits and
Licenses and Enacting a New Section 4-1 Levying Local Fees in Accordance with State Law (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance revising Chapter 4, "Alcoholic
Beverages," of the Code of the City of Fort Worth, Texas by repealing Sections 4-1 and 4-2, imposing
specified local fees for certain alcoholic beverage permits and licenses and enacting a new Section 4-1
levying local fees in accordance with state law.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to adopt an ordinance amending the City
Code to replace the current schedules of specified local fees for certain alcoholic beverage permits and
licenses with a more general provision that levies local fees that track authority in state law and that allows
the City to more easily adapt to state law changes as they occur.
Sections 11.38 and 61.36 of the Texas Alcoholic Beverage Code authorize the City Council, as governing
body of the City of Fort Worth, to levy and collect a fee, with certain limited exceptions, not to exceed one-
half of the state fee for each permit and license, respectively, issued for premises located within the
City. In accordance with this authority, the City has enacted Sections 4-1 and 4-2 of the City Code, each
of which contains a schedule identifying (1) the amount of a local fee; (2) the nature of the underlying
state-issued permit or license to which the fee applies; and (3) the provision in state law that specifically
addresses that permit or license. The last comprehensive amendment to these two City Code provisions
occurred in 1983 (Ordinance 8950) with minor amendments made to Section 4-1 in 2001 (Ordinance
14657).
In the course of a recent review, the City Auditor recommended revising the City Code to replace the
current schedule-centric provisions with a more general approach. A more general ordinance could track
the authority under state law and allow the City to more easily adjust as the state law is amended by, for
example, renumbering provisions, adopting a new type of fee or license, or changing the amount of the
state fee to which the local fee is tied.
In response to that proposal, Staff conducted an informal review of other Texas cities. Of the seven cities
reviewed, five (Arlington, Austin, Denton, San Antonio and Waco) have generally worded ordinances that
impose fees at one half of the state rate. In only two cities (EI Paso and Laredo) did the ordinances
specifically list the amount of each local fee.
Staff proposes adoption of the attached ordinance, which repeals the two existing Code provisions that
Logname: 13REVISE AND REPEAL ALCOHOLIC BEVERAGE PERMIT FEE Page I of 2
contain detailed schedules and replaces them with a general provision that imposes a local fee in the
amount authorized under state law. Taking this approach will allow the City's fee schedule to be revised
as changes in state law occur and reduce the likelihood of the local requirements getting out of sync with
the underlying legislation.
Based on its initial review, Staff anticipates that adoption of this ordinance would result in local fees being
levied for 14 different permits/licenses for which a fee is legally allowed, but is not currently being
charged. Staff projects the additional fees will result in annual revenue of approximately $23,210.00.
The additional revenue to be generated can be used to help offset costs of local regulatory and
enforcement efforts associated with these businesses.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will increase total revenue for alcohol beverage permits on
an annual basis by approximately $140,000.00 per year.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
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CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Mark Krawczyk (7761)
Logname: 13REVISE AND REPEAL ALCOHOLIC BEVERAGE PERMIT FEE Page 2 of 2