HomeMy WebLinkAboutOrdinance 11975ORDINANCE NO ~ ~~
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE CITY
OF FORT WORTH, "ALCOHOLIC BEVERAGES", BY ADDING SEC 4-4(D)
CONCERNING THE APPLICATION OF DISTANCE REQUIREMENTS WHEN
A CHURCH, PUBLIC SCHOOL OR PUBLIC HOSPITAL IS ESTABLISHED
WITHIN 300 FEET OF PREMISES SELLING ALCOHOLIC BEVERAGES
AND WHEN AN ALCOHOLIC BEVERAGE PERMIT HAS BEEN ISSUED IN
VIOLATION OF THE DISTANCE REQUIREMENTS, AMENDING SEC 4-4
(C) CONCERNING VARIANCES FROM THE DISTANCE REQUIREMENTS,
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 109 59 of the Texas Alcoholic Beverage Code provides that
if at the time an alcoholic beverage permit is issued for a premises the premises
satisfies the distance requirements, such premises is deemed to satisfy distance
requirements in connection with the renewal of the permit or license or the issuance
of a new permit or license,
WHEREAS, the City of Fort Worth has erroneously certified to the Texas
Alcoholic Beverage Commission that certain premises are in compliance with the City's
distance regulations when, in fact, the premises are located within 300 feet of
churches, public schools or public hospitals, contrary to Sec 4-4 of the Code of the
City of Fort Worth,
WHEREAS, as a result of such erroneous certifications, permits for the sale of
alcoholic beverages have been issued for such premises by the City of Fort Worth and
the Texas Alcoholic Beverage Commission,
WHEREAS, in many cases the owners or occupants of such premises have
expended funds or taken other action in reliance on the issuance of an alcoholic
beverage permit;
WHEREAS, the City Council deems it to be advisable to amend Sec 4-4 of the
City Code to incorporate Section 109 59 of the Texas Alcoholic Beverage Code and
to provide that premises which are not in compliance with distance requirements, for
which alcoholic beverage permits have erroneously been issued, shall not be denied
renewal of an existing permit or issuance of a new permit for sale of the same types
of alcoholic beverages because of noncompliance with such distance requirements,
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,"
Sec 4-4 is amended by adding Sec 4-4(d), as follows
If the City Secretary certifies that a premises satisfies the requirements
regarding distance from churches, public schools and public 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 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 required, 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 in Sec 4-
4(a) above for all subsequent applications
SECTION 2
Chapter 4 of the Code of the City of Fort Worth, "Alcoholic Beverages", Sec
4-4 is amended by amending Sec 4-4(c), as follows
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The city council may allow a variance to this section if it determines that
the enforcement of the regulation in a particular instance is not in 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 in
error and enforcement of the regulation would be inequitable, 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 in 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 to owners of real property within three
hundred (300) feet of the location of such business, to be measured in
a straight line from the front door of the business seeking a variance,
such notice to be given not less than ten (10) days before the date set
for hearing, to all such owners who have rendered their property for city
taxes as the ownership appears on the last approved city tax roll
SECTION 3
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 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
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
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have been enacted by the City Council without the incorporation in this ordinance of
any such 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
it is so ordained
APPROVED AS TO FORM AND LEGALITY
ity Attorney
Date ~` ~' l - 9~
ADOPTED o> ~-(~" ~~
EFFECTIVE
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City of Fort Worth, Texas
Mayor and Council Cam~tmunicat°ion
DATE REFERENCE NIIMBER LOG NAME PAGE
05/30/95 G-11111 12AMEND 1 of 2
SIIBJECT ADOPTION OF ORDINANCE AMENDING SECTION 4-4, "ALCOHOLIC BEVERAGES",
OF FORT WORTH CITY CODE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance, which amends Sections
4-4(c) and adds a new Section 4(d) to Chapter 4 of the Fort Worth City Code, "Alcoholic
Beverages", concerning sale of alcoholic beverages within 300 feet of public schools, public
hospitals and churches
DISCUSSION
Section 4-4(a) of the Fort Worth City Code prohibits the sale of alcoholic beverages within 300
feet of any church, public school or public hospital Section 109 59 of the Texas Alcoholic
Beverage Code provides that if at the time an original license or permit is granted for a premises,
the premises satisfies the .distance requirements, the premises will be deemed to satisfy the
requirements for all subsequent renewals of the license or permit It also provides that if the
premises or the business is sold, the premises will be deemed to satisfy the distance
requirements in connection with an application for a new alcoholic beverage permit or license,
as if the new application were a renewal of the existing permit The City is bound by Section
109 59 in applying its distance requirements
Section 109 59 applies to situations where a premises selling alcoholic beverages is lawfully
established and a church, public school or public hospital is subsequently established within 300
feet The current occupant and subsequent occupants could continue to sell alcoholic beverages
A few situations have also arisen where the City certified that premises for which an alcoholic
beverage permit was sought were in compliance with distance regulations, when in fact the
premises were located within 300 feet of a church, public school or public hospital Permits for
such locations were granted by the Texas Alcoholic Beverage Commission The attached
ordinance also addresses this situation
The attached ordinance provides that where a location has been certified by the City to be in
compliance with distance regulations (whether correctly or incorrectly), the premises would be.
deemed to be in compliance with distance regulations for all subsequent renewals of the alcoholic
beverage permit or license In addition, where the location or the business is sold, the new
applicant would also be deemed to be in compliance if he seeks the same type of permit as his
predecessor If a state alcoholic beverage permit or license expires or is terminated and a new
application is not submitted to the TABC within one year or if the sale of alcohol ceases and the
location is used for some other use, the "grandfather" provision would no longer apply to the
premises and the distance regulations would apply for all subsequent permit and license
applications. This provision is based on provisions in the City's Zoning Ordinance relating to legal
nonconforming uses, concerning abandonment or change of usage
•-~ Printed on recycled paper
City of Fort Worth, Texas
ll~ayor and Council Communication
DATE
05/30/95 REFERENCE NUIdBER
G11111 LOG NAME
12AMEND PAGE
2 of 2
SUBJECT ADOPTION OF ORDINANCE AMENDING SECTION 4-4, "ALCOHOLIC BEVERAGES",
OF FORT WORTH CITY CODE
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
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Submitted for City Manager's F[3ND ACCOiJNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8500 ~CQ
Originating Department Head: ~~~~ l
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Wade Adkins 7623 (from) ~}+~~ ,~~~ ~~~~
For Additional Information ~
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Contact: '( Cit
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Wade Adkins 7623 y
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