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HomeMy WebLinkAboutOrdinance 12109:` :~ ~~ 'c. ., _ ..a? ORDINANCE NO C~ `7 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF FORT WORTH, "ALCOHOLIC BEVERAGES", BY AMENDING SECTION 4-4(B) CONCERNING THE METHOD OF MEASURING FROM PUBLIC SCHOOLS TO PREMISES SELLING ALCOHOLIC BEVERAGES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET FORM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 109 33 of the Texas Alcoholic Beverage Code authorizes the governing board of an incorporated city to enact regulations prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public school or public hospital, WHEREAS, Sec 4-4 of the Code of the City of Fort Worth was enacted in accordance with Section 109 33 of the Texas Alcoholic Beverage Code, making it unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business is within 300 feet of any church, public school or public hospital, WHEREAS, Section 4-4(b) sets out methods for measuring from public schools, public hospitals and churches to premises selling alcoholic beverages in order to determine whether such premises are in compliance with such distance regulations, in accordance with state law, WHEREAS, the Texas Legislature has amended Section 109 33 of the Texas Alcoholic Beverage Code in order to change the method of measurement from public schools to places of business selling alcoholic beverages, WHEREAS, the following amendment is necessary in order to make the Alcoholic Beverage Code of the City of Fort Worth consistent with state law, which now requires that the measurement be made from property line to property line, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Chapter 4 of the Code of the City of Fort Worth, "Alcoholic Beverages", Section 4-4(b) is amended, as follows ~+ -^ r ~ y ~ ~-. (b) 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 in direct line across intersections The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be in a direct line from the .property line of the public school to the property line of the place of business and in a direct line across intersections As to any dealer who held a license or permit issued by the Texas Alcoholic Beverage Commission and the city on September 1, 1983, 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 in direct line across intersections 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 conflicting provisions of such ordinances and such Code are hereby repealed 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 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 -2- n. 'S" • v ~1 ~~ i G r c ~ ~/` SECTION 4 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the .public, and the operative .provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas SECTION 5 This ordinance shall be in full force and effect from and after its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY ~./ City Attorf ney Date ~ 1 ~ ~' ~ ~ ~' ADOPTED ~~`'7-~~ 6 EFFECTIVE -3- City of Fort Worth, Texas Mayor and Council Communication DATE 08/29/95 REFERENCE NUMBER G11207 LOG NAME 12PUBLIC PAGE 1 of 1 SUBJECT AMENDMENT OF CHAPTER 4 OF FORT WORTH CITY CODE, "ALCOHOLIC BEVERAGES", SECTION 4-4(B), CONCERNING METHOD OF MEASURING FROM PUBLIC SCHOOL TO PLACE OF BUSINESS SELLING ALCOHOLIC BEVERAGES RECOMMENDATION It is recommended that the City Council adopt the attached ordinance, which amends Chapter 4 of the Fort Worth City Code, "Alcoholic Beverages", Section 4-4(b) in order to make this section consistent with a recent amendment to the Texas Alcoholic Beverage Code concerning measurement from public schools to places of business selling alcoholic beverages DISCUSSION Section 4-4 of the Fort Worth City Code prohibits the sale of alcoholic beverages within 300 feet of public schools, public hospitals and churches, as permitted by state law Section 4-4(b) describes the method of measuring from public schools, public hospitals and churches to the place of business selling alcoholic beverages The Texas Legislature has amended the Alcoholic Beverage Code in order to change the method of measuring from public schools to the business premises Formerly, the measurement was from the nearest property line of the school to the nearest doorway of the place of business As amended by the Legislature, the method is now from the property line of the school to the property line of the place of business The attached ordinance would amend the City's Alcoholic Beverage Code in order to reflect this change City staff currently uses a measurement method that conforms to State law as amended FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the adoption of the attached ordinance does not require the expenditure of any City funds CB a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPR VE~ Charles Boswell 8500 " Originating Department Head: CST 1 G®UNCI~ Wade Adkins 7623 (from) ~~~~ az~ ,~~ For Additional Information ~ ~e~~ Contact: Cit Secretar of the Marcella Olson 7631 g y City Of !'ott Vtloltly Tease Adopted Ordinance No.Ja~~4~