HomeMy WebLinkAboutOrdinance 6931 ORDINANCE NO. g 3 r
AN ORDINANCE AMENDING CHAPTER 27 OF THE FORT WORTH
CITY CODE (1964) , AS AMENDED, BY ADDING THERETO A
NEW SECTION DESIGNATED AS SECTION 27-47; DEFINING
TERMS; PROHIBITING CERTAIN ACTIVITIES IN ESTABLISH-
MENTS SELLING FOOD AND BEVERAGES; MAKING THIS ORDI-
NANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING
ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH
CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVER-
ABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Chapter 27 of the Fort Worth City Code (1964) , as
amended, is hereby amended by adding thereto Section 47,
which section shall read as follows:
"Sec. 27-47. Solicitations in food and drink
establishments.
(a) It shall be unlawful for any owner, cor-
porate officer, operator, manager, agent, servant
or employee of any establishment which sells or
offers for sale and consumption on the premises
of such establishment any food or beverage to
solicit, induce, entice or encourage any person
to buy any food or beverage for consumption by any
owner, corporate officer, operator, manager, agent,
servant or employee of such establishment.
(b) It shall be unlawful for any owner, cor-
porate officer, operator or manager of, or any
other person having control over, any establish-
ment which sells or offers for sale and consumption
on any premises of such establishment any food or
beverage to permit any employee, servant or agent
of such establishment to solicit, induce, entice
or encourage any person to buy any food or beverage
for consumption by any owner, corporate officer,
operator, manager, agent, servant or employee of
such establishment.
(c) For the purposes of this section, the
term "establishment" is defined as any hotel, motel,
night club, cabaret, bar, lounge, tavern, coffee
house, theater, arcade, restaurant, cafe, cafeteria,
sandwich shop, lunch counter or dining room not sub-
ject to the provisions of the Texas Liquor Con-
trol Act, or any other place of public accommo-
dation, amusement, recreation or entertainment
not subject to the provisions of the Texas Liquor
Control Act, or any private club not subject to
the provisions of the Texas Liquor Control Act."
SECTION 2.
That this ordinance shall be cumulative of all pro-
visions of the Code of the City of Fort Worth (1964), as
amended, with respect to the type of activity prohibited here-
in in the City of Fort Worth, except in those instances where
the provisions of this ordinance are in direct conflict with
the provisions of such Code, in which instances said conflict-
ing provisions of such Code are hereby repealed.
SECTION 3.
That 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 unconstitution-
ality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections hereof since the same would
have been enacted by the City Council without the incorpora-
tion herein of any such unconstitutional phrase, clause, sen-
tence, paragraph or section.
SECTION 4.
That any person, firm, association of persons, company
or corporation, or their agents, servants or employees who
violate, disobey, omit, neglect or refuse to compIq with any
provision of this ordinance shall be punished by a fine of
not less than One Hundred Dollars ($100.00) but not to exceed
Two Hundred Dollars ($200.00), and each day that a violation
exists shall be and is hereby declared to be a distinct and
separate offense and punishable as such, all as provided in
Section 1-5 of Chapter 1 of the Code of the City of Fort
worth (1964), as amended.
SECTION 5.
That this ordinance shall become effective and be in
full force and effect from and after its passage and publica-
tion as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
01
City Attorney
ADOPTED
City of Fort Worth, Texas
LINE Mayor and Council Communication
YAIuFF DATE REFERENCE SUBJECT: Proposed Solicitations PAGE
NUMBER GRAHAM Ordinance 2
11/26/73 G-2300
1 of
HANCOCK
WA" The Fort Worth Police Department is currently experiencing serious diffi-
culties in controlling activities at certain establishments that allegedly
�V employ females to entice patrons to purchase various food and drink items
at highly inflated prices. These establishments are not licensed to sell
intoxicating beverages; and therefore are not subject to the controls
provided by the Texas Liquor -Control Act.
Manly visitors to Fort Worth claim to have been victimized by the method of
operation of these establishments. The extent of the practice cannot be
accurately estimated since many individuals who have such an experience are
reluctant-to report it to the police. It is believed that these activities
are undesirable and are seriously damaging to the reputation of Fort Worth.
A proposed ordinance has been prepared to assist the Police Department in
controlling the activities described above, which contains the following
provisions:
(a) It shall be unlawful for any owner, corporate officer, operator,
manager, agent, servant or employee of any establishment which
sells or offers for sale and consumption on the premises of
such establishment any food or beverage to solicit, induce,
entice or encourage any person to buy any food or beverage for
consumption by any owner, corporate officer, operator, manager,
agent, servant or employee of such establishment.
(b) It shall be unlawful for any owner, corporate officer, operator
or manager of, or any other person having control over, any
establishment which sells or offers for sale and consumption
on any premises of such establishment any food or beverage to
permit any employee, servant or agent of such establishment
to solicit, induce, entice or encourage any person to buy any
food or beverage for consumption by any owner, corporate officer,
operator, manager, agent, servant or employee of such establish-
ment.
(c) For the purposes of this section, the term "establishment" is
defined as any hotel, motel, night club, cabaret, bar, lounge,
tavern, coffee house, theater, arcade, restaurant, cafe,
cafeteria, sandwich shop, lunch counter or dining room not
subject to the provisions of the Texas Liquor Control Act, or
any other place of public accommodation, amusement, recreation
or entertainment not subject to the provisions of the Texas
Liquor Control Act, or any private club not subject to the
provisions of the Texas Liquor Control Act.
DATE REFERENCE SUBJECT: Proposed Solicitations PAGE
11/26/73 NUMBER Ordinance 2 2
G-2300 of
The proposed ordi ante ILuthorizes a minimum fine of $100 and maximum
fine not to excee $200 for the violation of the ordinance.
Recommendation
It is recommended that the City Council adopt the proposed ordinance
described above.
RNL:ms
SUBMITTED BY: DISfOSITION BY COUNCIL: OCE ED BY
APPROV D ❑ JTVER (DESCRIBE)
CUE
DATE
CITY MANAGER