HomeMy WebLinkAboutOrdinance 12125,.
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ORDINANCE NO !~~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO
3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF
THE CITY OF FORT WORTH, TEXAS (19861, AS AMENDED, BY
REPEALING SECTION 18 E, "LOCATION REGULATIONS APPLICABLETO
BARS IN 'F' AND 'G' COMMERCIAL DISTRICTS", AND, SECTION
20 C.41 CONCERNING SPECIAL EXCEPTIONS FOR BARS MADE
NONCONFORMING BY SUCH LOCATION REQUIREMENTS, PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL CITY
ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, Ordinances No 10658 and No 10727 of the City of Fort Worth
prohibit the location of establishments that derive 75°l0 or more of their gross revenue
from the sale of alcoholic beverages for on-premises consumption in "F" and "G"
Commercial Zoning Districts within 500 feet of schools, parks, churches, residentially
zoned properties and other bars,
WHEREAS, Ordinances No 10658 and No 10727 were codified in Section 18
of the Comprehensive Zoning Ordinance, "Modifications to District Regulations", as
Subsection E, "Location Regulations Applicable to Bars in 'F' and 'G' Commercial
Districts," and in Section 20 of the Comprehensive Zoning Ordinance, "Board of
Adjustment", as Subsection C 41, providing for authorization of special exceptions by
the Board of Adjustment for bars made nonconforming by the distance regulations
established in Section 18 E,
WHEREAS, Section 18 E has been declared void and unenforceable by a court
of competent jurisdiction;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT
WORTH, TEXAS
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SECTION 1.
That Section 18, "Modifications to District Regulations", of Ordinance No
3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended,
is hereby amended by repealing Subsection E, "Location Regulations Applicable to
Bars in 'F' and 'G' Commercial Districts", such provision being .originally enacted by
Ordinance No 10658 and thereafter amended by Ordinance No 10727
SECTION 2.
That Section 20, "Board of Adjustment", of Ordinance No 3011, the
Comprehensive Zoning Ordinance of the City of Fort Worth., as amended, is hereby
amended by repealing Subsection C 41, which was enacted by Ordinance No 10727
and which provides as follows
41 Bars made nonconforming by Section "F", "G"
18E of this ordinance
SECTION. 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (19861, 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
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any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
void, ineffective, or unconstitutional by the valid judgment or decree of any court of
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 in this ordinance of any such void, ineffective or unconstitutional
phrase, clause, sentence, paragraph or section
SECTION 5.
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 6.
This ordinance shall be in full force and effect from and after its passage and
• publication as required by law and it is so ordained
APPROVED AS TO FORM AND LEGALITY
City Attorney/ .,.
Date ~ ~ i ~i
ADOPTED ~' ~~' ~J~
EFFECTIVE
-3-
City of Fort Worth, Texas
Mayor and Council Communication
DATg RRF8R8NC8 NU~SR LOG NAB PAGR
09J05/95 I G11217 12BARS 1 of 2
svs~cT I AMENDMENT OF ZONING ORDINANCE TO REPEAL 500 FOOT DISTANCE
REGULATIONS FOR BARS IN "F" AND "G" DISTRICTS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which repeals Ordinances
No 10658 and 10727, which are codified in Subsection E of Section 18, "Modifications to
District Regulations", and Section 20 C 41 of the Comprehensive Zoning Ordinance Such
ordinances regulate the location of bars in "F" and "G" zoning districts.
DISCUSSION:
The City Council previously adopted Ordinance No 10658, which prohibited the location of
establishments that derive 75°l0 or more of their gross revenue from the sate of alcoholic
beverages for on-premises consumption in "F" and "G" Commercial Zoning Districts within 500
feet of schools, parks, churches, residentially zoned property and other bars Ordinance No.
10727 required that bars lawfully operating prior to the effective date of such ordinance that did
not meet such distance regulations cease operation or,obtain a special exception from the Zoning
Board of Adjustment prior to November 13, 1991 ,
On July 21, 1993, the Second Court of Appeals of Fort Worth declared that Section 1$E is
preempted by the Texas Alcoholic Beverage Code and, accordingly, is void and unenforceable
The purpose of this ordinance is to remove such provisions from the Zoning Ordinance in
compliance with the court's decision
This ordinance amendment was originally submitted to the City Council for consideration on
October 4, 1994 The City Council delayed consideration of adoption of this ordinance because
of the possibility that the Texas Legislature could adopt legislation concerning local regulation
of the sale of alcoholic beverages during the 1995 session The delay was based on concern
that the City could be prejudiced in its ability to regulate alcohol sales under any new legislation
if this ordinance were adopted The Texas Legislature did not adopt any legislation concerning
the City's authority to regulate the sale of alcoholic beverages which would be adversely
impacted by the repeal of Sections 18 E and 20 C 41 Accordingly, this ordinance is presented
to the Council for reconsideration
City of Fort Worth, Texas
Mayor and Council Commun~cat~on
DAT>3
09/05/95 R>$FSR$NCS NUDdBER
G11217 LOO NAME
12BARS PA(38
2 of 2
svs~cT AMENDMENT OF ZONING ORDINANCE TO REPEAL 500 FOOT DISTANCE
REGULATIONS FOR BARS IN "F" AND "G" DISTRICTS
FISCAL INFORMATION/CERTIFICATION
The adoption of this ordinance will have no impact on the City's current fiscal budget
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: ~~~
APPROVE
Charles Boswell 8500
Originating Department Head: CITY COUNCIL
Wade Adkins 7623 ~ m) SAP Jr ,~nii
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Contact: City SfaelpSily E9f 8
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Marcella Olson 7631 city or Fo:t w~~t~,
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