HomeMy WebLinkAboutOrdinance 17124-08-2006ORDINANCE N®.17124-08-2Q06
AN ORDINANCE AMENDING CHAPTER 4, "ALCOHOLIC
BEVERAGES" OF THE CODE OF TFIE CITY OF ]FORT WORTH
{1986), AS AMENDED, B'~ AMENDING SUBSECTION (F) OF
SECTION 4-4 "SALE NEAR CHCUIZCHES, SCHOC?LS AND
HOSPITALS" TO PROVIDE A LINIITATION ON THE
REAPPLICATION' FOR A VARIANCE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOIZ PUBLICATION IN THE OFI'ICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEII.EAS, pursuant to Section 1(}9.33 of the Texas Alcoholic Beverage Code,
Chapter 4 of the City Code of the City of Dort Worth prohibits the sale of alcoholic beverages
if the place of business is within three hundred feet of any church, public school nr public
hospital; and
WHEREAS, Section 4-4, "Sale near Churches, Schools and Hospitals," allows the
City Council to grant a variance to the prohibition if the enforcement of the regulation in a
particular instance is not in the best interests of the public, constitutes waste or inefficient use
of the land or other resources, creates an undue hardship on the applicant, does not serve its
intended purpose, enforcement of the regulation would be inequitable or for any ether reason
the City Council determines to be in the best interest of the comrr€unity, considering the
health, safety and welfare of the public, and
WHEREAS, each request for a variance requires a public hearing after notification
of all property ownexs within three hundred feet; and
WHEREAS, Section 4-4 does not provide a liznitatinn on the number of times an
applicant ca~a request a variance for the sale of alcohol at the sarr~e address; and
WHEREAS, since Decetxaber of 244, the City Couzicil has received and denied four
requests by the same owner far a variance at the same address where there has been no
change in circumstances; and
WHEREAS, it is advisable to amend Section 4-4 to set limitations nn the number of
new applications far requests far a variance in a twelve month period.
IOW THEREFORE, BE IT ORDAII®1ED DY THE CITY COTJNCIL OF THE
CITY OF FORT WORTH, 'T'EXAS, AS FOLLOWS:
SECTION 1.
Section ~-4{f) of Chapter 4, of the City Code of the City of Fort Worth, "Alcoholic
Beverages", is amended by adding language to provide for the limitation on reapplication far
a variance to read as follows:
{f} 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 interests of
the public, constitutes waste or inefficient use of land or other resources, creates
an undue hardship nn the applicant for a license nr permit, does not serve its
intended purpose, or is not effective or necessary, or that a previous permit was
issued for the premises in error and enforcement of the regulation would be
inequitable, 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 under this subsection except after a public hearing fnr which
notice has been given. Notice of a request for a variance from subsections {a) ar
{b} shall be given to nwners of property within three hundred (300) feet of the
business. Notice of a request far a variance frorrz subsection {c} shall be given to
nwners of real property within one thousand (1,000} feet of the business. The
notice area for a variance request relating to a public hospital or church shall be
measured in a direct line from the front door of the place of business. The notice
area far a variance request relating to a public or private school shall be measured
in a direct line from the property line of the place of business. The notice shall be
sent by regular United States mail not less than ten (10) days before the date set
for hearing, to all such owners who have rendered their property for city taxes as
the ownership appears on the last approved city tax roll.
When an application has been denied by the City Council or when the applicant
has withdrawn a request after the giving of public notice, no new application for a
variance shall be accepted by the City or scheduled for a hearing within period of
2
12 months from the date of a denial or withdrawal unless the variance request is
denied without prejudice.
SECTION 2.
All provisions of Section 4-4 shall remain in full force and effect without change, except as
expressly amended herein.
SECTI®N 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of port Worth, Texas (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.
SECTION 4.
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, 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.
SECTI®N 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 Ordinance No. 3Q11, Ordinance No. 13896 or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to
such accrued violations and ail pending litigation, both civil and criminal, whethex pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until f anal disposition by the courts.
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SECTION 6.
That the City Secretary of the City of Fart Worth, Texas is hereby directed to publish this
ordinance far two {2) days in the official newspaper of the City of Fort Worth, Texas, as authorized
by V.T.C.A. Local Governzxzent Code Subsection 52.413.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law
APPRO ED AS TO FORM AND LEGALITY
By: .~~
Assist t City Attorney
Adopted: ~ ~ ~ ~''
Effective:
4
Cif ®f Fort ~h, Texas
C ~~ i
COUNCIL ACTION: Approved As Amended on 8129l200G -Ordinance No. 17'124-08-20U6
DATE. Tuesday, August 29, 2006
LOG NAME: 12ALCOVARI-iMIT REFERENCE NO.: G-15372
SUBJECT.
Adoption of Ordinance Amending Section 4-4(f) of Chapter 4, of the City Code Entitled "Alcoholic
Beverages" to Provide for a Limitation on the Number of Times an Applicant can Request a
Variance for the Sale of Alcahal at the same Address and within 300 Feet of a School ar Church
,::~: ~- -
RECOMMENDATION:
It is recommended thaf the City Council adopt the attached ordinance amending Section 4-4{f) of Chapter 4,
of the City Code entitled "Alcoholic Beverages" to provide for the kimitatian an the reapplication for an
alcohol variance within 300 feet of a school or church where there is no substantial change in conditions in
the community ar ownership of the property since the last request.
DISCUSSION:
Pursuant to Section 109.33 of the Texas Alcoholic Beverage Code, Chapter 4 of the City Cade of the City of
Fort Worth prohibits the sale of alcoholic beverages if the place ofi business is within 300 feet of any church,
public school ar public hospital. Section 4-4, "Safe near Churches, Schools and Hospitals," allows the City
Council to grant a variance to the prohibition ifi the enforcement of the regulation in a particular instance is
not in the best interest of the public, constitutes waste ar inefficient uses of the land ar other resources,
creates an undue hardship an the applicant, does not serve its intended purpose, enforcement of the
regulation would be inequitable, or far any other reason the City Council determines to be in the best
interest of the community, considering the health, safety and welfare of the public.
Each request for a variance requires a public hearing after notification of all property owners within 300 feet.
However, Section 4-4 does not provide a limitation an the number of times an applicant can request a
variance for the sale of alcohol at the same address. Since December 2004, the City Council has received
and denied four requests by the same owner for a variance at the same address where there has been na
change in circumstances.
It is advisable to amend Section 4-4 to set limitations on the number of new applications for requests for a
variance at the same address where there is no substantial change in conditions in the community or
ownership of the property since the fast request.
Under the proposed amendment, if the application has been denied by the City Council or withdrawn by the
applicant after the giving of public notice, na new application far a variance shall be accepted by the City ar
scheduled far a hearing within a period of 12 months from the date of a denial or withdrawal, unless the
variance request is denied without prejudice. The City Council may waive the mandatory delay period and
authorize the acceptance of a new application if there is a change in ownership of the property nr
substantially changed conditions in the community since prior consideration of the proposal so as to justify
an earlier review of this molter.
Lognaine: 12ALCOVARLIMIT Page 1 of 2
1=1SCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that that this action wiil have no material effect on City funds.
TO FundlAccountlCenters
FROM FundlAccountlCenters
Submitted far City IVlanager's Offices Dale Fisseier (6266)
E}rlginating Department Head; David Yett (7623)
Additional Information Contacts Sarah Fuilenwider {7619)
Lagnanne: ~2ALC~VARLIMIT Page 2 of 2