HomeMy WebLinkAboutOrdinance 14657JUNE 12, 2001
ORDINANCE NO. ! ~LPJr"
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE
CITY OF FORT WORTH, "ALCOHOLIC BEVERAGES", REFLECTING
INCREASE IN ANNUAL FEE FOR HOLDERS OF PACKAGE STORE
PERMITS, CLARIFYING FEE FOR DAILY TEMPORARY MIXED
BEVERAGE PERMITS; REPEALING FEE FOR MEDICINAL PERMITS
EFFECTIVE SEPTEMBER 1, 2001, RESTRICTING SALE OF
ALCOHOLIC BEVERAGES WITHIN 300 FEET OF PRIVATE
SCHOOLS; RESTRICTING SALE OF ALCOHOLIC BEVERAGES
WITHIN 1,000 FEET OF PRIVATE SCHOOLS, IF REQUESTED BY
GOVERNING BODY OF SCHOOL; MODIFYING MEASUREMENT
METHOD FROM PUBLIC OR PRIVATE SCHOOL TO BUSINESS
SELLING ALCOHOLIC BEVERAGES IN MULTISTORY BUILDING;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 4-4 of the City Codetprohibrts the sale of alcoholic beverages by a
dealer whose place of busmess is wrthm 300 feet of a church, public school or public hospital, as
authorized by Section 109 33 of the Texas Alcoholic Beverage Code;
WHEREAS, House Bill 688 (HB 688) was adopted by the Texas Legislature, effective
May 28, 2001, amending Section 109 33 of the Texas Alcoholic Beverage Code to authorize
cities to enact regulations to restrict the sale of alcoholic beverages wrthm 300 feet of private
schools,
WHEREAS, HB 688 also authorizes cities to enact regulations to restrict the sale of
alcoholic beverages within 1,000 feet of private schools if requested by the school's governing
body;
WHEREAS, HB 688 establishes a new method for measuring the distance between
public or private schools and a place of busmess that sells alcoholic beverages and is located on
or above the fifth story of a multistory building;
WHEREAS, the City of Fort Worth is authonzed to levy and collect fees for each
alcoholic beverage permit issued for premises m the city, m an amount not to exceed one-half the
state fee;
WHEREAS, it is advisable to amend Section 4-1 of the City Code to reflect that the
annual fee for package store permits has been increased from $150 to $300 as a result of an
increase m the state permit fee and to clanfy that temporary mixed beverage permit fees are
charged on a daily basis, rather than an annual basis,
WHEREAS, House Bill 402 was adopted by the Texas Legislature, effective September
1, 2001, abolishing medicinal and physician's permits for buying or dispensing liquor;
WHEREAS, it is advisable to repeal subsection 20 of Section 4-1 of the City Code,
providing for local medicinal permits, effective September 1, 2001,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Chapter 4 of the Code of the City of Fort Worth, "Alcoholic Beverages", Section 4-1,
"Permit fees", Subsection 9 is amended to reflect an increase m the annual fee for package store
permits from $150 to $250, which is one-half the $500 annual state permit fee, and Subsection
16 is amended to clarify that the fee for a daily temporary mixed beverage permit is $25 per day,
as follows
(9) Package store permit The annual fee for each holder of a package store permit,
as defined by Texas Alcoholic Beverage Code Annotated §22.01, shall be two
hundred fifty dollars ($250 00)
(16) Daily temporary mixed beverage permit The daily fee for each holder of a daily
temporary mixed beverage permit, as defined by Texas Alcoholic Beverage Code
Annotated §30 O1, shall be twenty-five dollars ($25 00)
2
SECTION 2.
Chapter 4 of the Code of the Crty of Fort Worth, "Alcoholic Beverages", Section 4-1,
Subsection 20, providing for permit fees for medicinal permits, is repealed effective September
1, 2001 House Bill 402 was adopted by the Texas Legislature, effective September 1, 2001,
abolishing medicinal and physician's permits for buying or dispensing liquor;
SECTION 3.
Chapter 4 of the Code of the City of Fort Worth, "Alcoholic Beverages", Section 4-4,
"Sale near churches, schools, hospitals" is amended to read as follows
,.
(a) No person shall sell alcoholic beverages if the place of business is within 300 feet
of any church, public school or public hospital.
(b) No person shall sell alcoholic beverages if the place of business is within 300 feet
of any pnvate school, except that this paragraph does not apply to the holder of•
1 a license or permit who also holds a food and beverage certificate, or
2 a permit for a package store.
(c) No person shall sell alcoholic beverages if the place of business is wrthm 1,000
feet of any pnvate school if the City Council has by resolution adopted a request
from the governing body of the pnvate school to prohibit such sales, except that
this paragraph does not apply to the holder of
1 a retail on-premises consumption permit or license if less than 50 percent
of the gross receipts for the premises is from the sale or service of
alcoholic beverages, or
2 a retail off-premises consumption permit or license if less than 50 percent
of the gross receipts for the premises, excluding the sale of items subject
to the motor fuels tax, is from the sale or service of alcoholic beverages, or
3 a wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery,
wine bottler's or manufacturer's permit or license, or any other license or
permit held by a wholesaler or manufacturer as those words are ordmanly
used and understood in Chapter 102 of the Texas Alcoholic Beverage
Code; or
3
4 a license or permit issued under Chapter 27 (temporary and special wine
and beer retailer's permit), 31 (caterer's permit) or 72 (temporary license)
of the Texas Alcoholic Beverage Code who is operating on the premises of
the private school, or
5 a permitt for a package store.
(d) The measurement of the distance between the place of business where alcoholic
beverages are sold and a church or public hospital shall be along the property lines
of the street fronts and from front door to front door, and m direct line across
intersections.
(e) The measurement of the distance between the place of business where alcoholic
beverages are sold and a public or pnvate school shall be in a direct line from the
property line of the public or private school to the property line of the place of
business and m a direct line across intersections, except that where the permit or
license holder is located on or above the fifth story of a multistory building,
measurement shall be m a direct line from the property line of the public or
pnvate school to the property line of the place of business, m a direct line across
intersections, and vertically up the building at the property line to the base of the
floor on which the permit or license holder is located. As to any dealer who held
a license or permit issued by the Texas Alcoholic Beverage Commission and the
city on September 1, 1983, m a location where a regulation under this section was
m effect on that date, the measurement of the distance between the place of
business and a public school shall be along the property lines of the street fronts
and from front door to front door, and m direct line across intersections.
(~ The city council may allow a variance to this section if rt determines that the
enforcement of the regulation m a particular instance is not m the best interests of
the public, constitutes waste or inefficient use of land or other resources, creates
an undue hardship on the applicant for a license or permit, does not serve its
intended purpose, or is not effective or necessary, or that a previous permit was
issued for the premises m error and enforcement of the regulation would be
mequrtable, 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 m the best interest of the community No variance
may be granted under this subsection except after a public hearing for which
notice has been given. Notice of a request for a variance from subsections (a) or
(b) shall be given to owners of property within 300 feet of the business. Notice of
a request for a variance from subsection (c) shall be given to owners of real
property wrthm 1,000 feet of the business. The notice area for a variance request
relating to a public hospital or church shall be measured m a direct line from the
front door of the place of business. The notice area for a variance request relating
to a public or private school shall be measured m 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
4
who have rendered their property for city taxes as the ownership appears on the
last approved city tax roll.
(g) If the city secretary certifies that a premises satisfies the requirements regarding
distance from churches, pubhc or pnvate schools and pubhc hospitals at the time
an alcoholic beverage license or permit is granted by the Texas Alcoholic
Beverage Commission for the premises, the premises shall be deemed to satisfy
the distance requirements for all subsequent renewals of the license or permit,
unless the premises no longer complies with the exceptions set out in subsections
(b) and (c) above, mcludmg without limitation cancellation of the food and
beverage certificate or sale of alcoholic beverages exceeding 50% of gross
revenues. On the sale or transfer of the premises or the business on the premises
for which a new Texas Alcoholic Beverage Commission license or permit is
requzred, the premises shall be deemed to satisfy the distance requirements as if
the issuance of the new license or permit were a renewal of the previously held
license or permit. If an alcoholic beverage license or permit issued by the Texas
Alcoholic Beverage Commission expires or is terminated and a bona fide
application for a new license or permit for the premises is not filed with the Texas
Alcoholic Beverage Commission within one year thereafter, or if the use of the
premises is changed to a use that does not involve the sale of alcoholic beverages,
the provisions of this section shall not apply, and the premises shall be subject to
the distance regulations set out above for all subsequent applications.
(h) For purposes of this section, a "private school" means a private school, mcludmg
a parochial school, that offers a course of instruction for students m one or more
grades from kindergarten through grade 12 and has more than 100 students
enrolled and attending courses at a single location.
SECTION 4
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, m 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 unconstitutional by the valid
5
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 Crty Council without the incorporation m this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the Crty of Fort Worth which 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 m 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 8.
The Crty Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days m the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code
SECTION 9.
This ordinance shall take effect upon adoption and publication as required by law, except
Section 2, which shall take effect on September 1, 2001
6
APP OVED AS TO FORM AND LEGALITY
~~~~
ssistant City Attorney
ADOPTED „~~,,lf'1 Q ~ 2-~ ~-0OI
EFFECTIVE (Sections 1 and 3} ~a'i moo/
EFFECTIVE (Section 2) _~ ~ , ~,Dc)-
City of Fort Worth, Texas
nV,u~crr and ~;,aunc~l ~~rmmun~cAt~on
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 G-13268 06ALCOHOL 1 of 3
SUBJECT ORDINANCE RESTRICT{NG SALE OF ALCOHOLIC BEVERAGES IN PROXIMITY TO
PRIVATE SCHOOLS, REVISING FEE SCHEDULE FOR LOCAL ALCOHOLIC
BEVERAGE PERMITS, AND CHANGING MEASUREMENT METHOD FROM
SCHOOLS TO PLACES OF BUSINESS WITH ALCOHOLIC BEVERAGE SALES
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 4 of the City
Code to restrict sale of alcoholic beverages in proximity to private schools, reflect an increase in the
City's permit fee for package stores to one-half the state permit fee, and revise the method for
measuring from schools to places of business selling alcoholic beverages in order to comply with a
change in state law
DISCUSSION
The Texas Alcoholic Beverage Code was amended by the Texas Legislature (House Bill No 688)
effective May 28, 2001, to authorize cities to adopt regulations restricting the sale of alcoholic
beverages within 300 feet of private schools and, if requested by the governing body of a private
school, restricting the sale of alcoholic beverages within 1,000 feet of private schools The City
currently prohibits the sale of alcoholic beverages within 300 feet of public schools, public hospitals and
churches, as authorized by state law
300-Foot Re ul~ ation
The City's authority to adopt regulations prohibiting alcoholic beverage sales within 300 feet of private
schools is subject to two exceptions.
• A city may not prohibit the sale of alcoholic beverage sales within 300 feet of a private school by
a person who also holds a food and beverage certificate for the premises, and
• A city may not prohibit package stores within 300 feet of private schools
A food and beverage certificate is issued by the Texas Alcoholic Beverage Commission for premises
that serve alcoholic beverages for on-premises consumption, but that are operated primarily as a food
service establishment. Under current state law, a business will not be considered to be operating
primarily for food service if alcohol sales exceed 75% of gross revenues. Effective September 1, 2001,
alcoholic beverage sales must be 50% or less of gross revenues in order for a business to be
considered to be operating primarily for food service
The attached ordinance amends the City Code to restrict alcoholic beverage sales in proximity to
private schools to the extent authorized by the amended state law (see Section 3 of the ordinance)
City of Fort Worth, Texas
~11~A~ar And uunci! a11t1~1un~cAtlan
C C
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 G-13268 06ALCOHOL 2 of 3
SUBJECT ORDINANCE RESTRICTING SALE OF ALCOHOLIC BEVERAGES IN PROXIMITY TO
PRIVATE SCHOOLS, REVISING FEE SCHEDULE FOR LOCAL ALCOHOLIC
BEVERAGE PERMITS, AND CHANGING MEASUREMENT METHOD FROM
SCHOOLS TO PLACES OF BUSINESS WITH ALCOHOLIC BEVERAGE SALES
1,000-Foot Re ulation
If requested by the governing body of a private school, the City may prohibit alcoholic beverage sales
within 1,000 feet of the school This prohibition does not apply to holders of the following types of
permits.
• A retail on-premises consumption permit or license if less than 50 percent of the gross receipts
for the premises is from the sale or service of alcoholic beverages, or
• A retail off-premises consumption permit or license if less than 50 percent of the gross receipts
for the premises, excluding sale of items subject to the motor fuel tax, is from the sale or service
of alcoholic beverages, or
• Temporary or catered permits for activities on the premises of the private school, or
• A wholesaler's or manufacturer's permit; or
• A package store permit.
Section 3, Subsection (c) of the attached ordinance implements this provision of the amended state
law
Change in Measurement Method
The Texas Alcoholic Beverage Code mandates the methods for measuring from private and public
schools, public hospitals and churches to places of business selling alcoholic beverages Measurement
from public hospitals and churches is door to door Measurement from private and public schools is
property line to property line
The Texas Legislature amended state law to modify the property line to property line measurement
from schools to a business selling alcoholic beverages located on the fifth floor or higher of a multistory
building Measurement must be from the property line of the school to the property line of the building
where alcoholic beverages are sold and then vertically up the building to the floor where alcoholic
beverages are sold The effect of this change in measurement method will be to allow more alcoholic
beverage sales near schools, provided the alcoholic beverage sates are on the fifth floor of a building or
higher
Section 3, Subsection (e) of the attached ordinance adopts this revised measurement method
City of Fort Worth, Texas
for and Council Cammun~cAt~ion
DATE REFERENCE NUMBER LOG NAME PAGE
6/12/01 G-13268 06ALCOHOL 3 of 3
SUBJECT ORDINANCE RESTRICTING SALE OF ALCOHOLIC BEVERAGES IN PROXIMITY TO
PRIVATE SCHOOLS, REVISING FEE SCHEDULE FOR LOCAL ALCOHOLIC
BEVERAGE PERMITS, AND CHANGING MEASUREMENT METHOD FROM
SCHOOLS TO PLACES OF BUSINESS WITH ALCOHOLIC BEVERAGE SALES
Change to Local Permit Fees
Cities are allowed to levy and collect local alcoholic beverage permit fees that do not exceed one-half of
`the state fee The attached ordinance reflects that the City's permit fee for package stores is $250
The state fee was increased from $300 to $500 in 1995, and the City began charging $250 shortly
thereafter
The ordinance also clarifies that temporary mixed beverage permit fees are charged on a daily basis
In addition, the attached ordinance repeals a reference to medicinal permits, effective September 1,
2001 to make the ordinance consistent with state law The Legislature is abolishing these permits
effective September 1, 2001
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
MG k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
DROVED
Mike Groomer 6140 CITY (~~) iAl(°~~~
~ V
Originating Department Head: V V
V
IUN I
2 2001
Bob Riley 8901 (from) .
l
Additional Information Contact:
Glt
S
y
ecrotarp of the
Clty o; Fort VJarth, is~xa8
Marcella Olson 7631
Adopted Drdinar~e ~,Ia, ~~