HomeMy WebLinkAboutOrdinance 14439i~ -
ORDINANCE NO ~~L~3
AN ORDINANCE AMENDING CHAPTER 4 ENTITLED "ALCOHOLIC
BEVERAGES" OF THE CODE OF THE CITY OF FORT WORTH (1986),
BY ADDING SECTION NUMBER 4-3A ENTITLED "MIXED BEVERAGE
LATE HOURS PERMIT", PROVIDING THAT THE ORDINANCE IS
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 105 03 of the Alcoholic Beverage Code allows a holder of a
mixed beverage late hours permit, in a county having a population of 500,000 or more
according to the last preceding federal census, to sell and offer for sale mixed
beverages for the extended hours between midnight and 2 a m of any day;
WHEREAS, in areas incorporated by a city or town located in counties having a
population of less than 500,000 according to the last preceding federal census, the
extended hours must be adopted by an ordinance of the governing body of the city or
town,
WHEREAS, the City of Fort Worth, 'has annexed areas located in Denton
County, which has a population of less than 500,000 according to the last preceding
federal census,
WHEREAS, the City Council recognizes the need for continuity and the desire of
those persons located in adjoining counties that are annexed into the city limits to be
granted the same rights to conduct business as those located in Tarrant County;
WHEREAS, by enacting this ordinance the City Council intends to balance the
rights of individuals to conduct their businesses in accordance to privileges granted
under the Texas Alcoholic Beverage Code
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Chapter 4 entitled "Alcoholic Beverages" of the Code of the City of Fort Worth is
hereby amended to add a new section, Section 4-3A, entitled "Mixed Beverage Late
Hours Permit", to extend mixed beverage late hour sales as follows
4-3A. It shall be lawful for the holder of a mixed beverage permit
within the corporate limits of the city to acquire a mixed beverage late
hours permit and under such mixed beverage late hours permit to sell
or offer for sale any alcoholic beverages during the extended hours
allowed by the state alcoholic beverage code
SECTION 2
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 in direct conflict with the provisions of such ordinances and such
Code, in which event such conflicting provisions of such ordinances and Code are
hereby suspended for the period during which this ordinance is in effect.
SECTION 3
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
void, ineffective or unconstitutional by the valid judgment or final decree of a court of
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competent jurisdiction, such voidness, ineffectiveness or 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 herein of any such void, ineffective- or unconstitutional phrase, clause,
sentence, paragraph or section
SECTION 4.
This ordinance shall be in full force and effect immediately upon its passage and
it is so ordained
APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
Assistant City torney
ADOPTED /,Z-/q-~~
EFFECTIVE ~,2 -/9-(,Q
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City of Fort Worth, Texas
~1-~A~-a~r And ~aunc~il Cain~nun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 **G-13104 12PERMIT 1 of 2
I SUBJECT I LATEPHOURS PERMITS WITHIN THE CORPORATE LIMITSEOF T EIXCETMBEVERAGE
RECOMMENDATION
It is recommended that the City Council adopt an ordinance that would allow a holder of a mixed
beverage permit within the corporate limits of the City of Fort Worth to acquire a mixed beverage late
hours permit.
DISCUSSION
The purpose of the attached ordinance is to establish consistent hours for the sale of alcoholic mixed
beverages throughout the City Currently, holders of late hours mixed beverage permits for establishments
in the City that are located in Tarrant County are entitled to maintain later hours than establishments in
Denton County
Under state law, a mixed beverage permittee may sell or offer for sale mixed beverages between the
hours of 7.00 a.m and midnight on any day except Sunday On Sunday, the permittee may sell mixed
beverages between midnight (Saturday night) and 1.00 a.m
Section 105 03 of the Texas Alcoholic Beverage Code allows a holder of a mixed beverage late hours
permit in a county having a population of 500,000 or more according to the last preceding federal
census, to sell and offer for sale mixed beverages between midnight and 2:00 a.m on any .day
Accordingly, holders of late hours permits in Tarrant County may sell alcoholic beverages until 2:00
a.m
In a county having a population of less than 500,000 according to the last preceding federal census, the
extended hours are effective in an incorporated. city or town only if the extended hours are adopted by
an ordinance of the governing body of the city or town
The City has annexed areas in Denton County, which has a population of less than 500,000 In order
to extend the hours for sale of mixed beverages so that they are uniform throughout the corporate limits
of the City, it is necessary to adopt an ordinance allowing late hour mixed beverage sales pursuant to
Section 105.03 of the Alcoholic Beverage Code.
City of Fort Worth, Texas
~1~A~a~ And Council C,ain~nun~cAt~on
DATE
12/19/00 REFERENCE NUMBER
**G-13104 LOG NAME
12PERMIT PAGE
2 of 2
SUBJECT ADOPTION OF ORDINANCE ALLOWING THE ISSUANCE OF MIXED BEVERAGE
LATE HOURS PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY
FISCAL .INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
CB:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
DEC 19 2000
David Yett 7606 (from)
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Additional Information Contact:
Ba., t
o.~4.c~
Citf Secretary o€ tAe
Citq of Fort V~orth, Teaaa
David Yett 7606
Adopted Ordinance No. ~~3 9