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					ORDINANCE NO. 1853 AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUNCANVILLE BY AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, TO ADD A NEW ARTICLE XIX, TO PROVIDE REGULATIONS FOR THE SALE OF ALCOHOLIC BEVERAGES AND TO REQUIRE LICENSES, PERMITS AND FEES FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

DUNCANVILLE, TEXAS: SECTION 1. That Chapter 12 (“Miscellaneous Offenses”) of the Code of Ordinances of the City of Duncanville, Texas, as heretofore amended, be and the same is hereby amended by adding a new Article XIX, to read as follows in its entirety as follows: “CHAPTER 12 MISCELLANEOUS OFFENSES AND PROVISIONS ... ARTICLE XIX. SALE OF ALCOHOLIC BEVERAGES Sec. 12-200. Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: License means a license authorized by the Texas Alcoholic Beverage Code. Permit means a permit authorized by the Texas Alcoholic Beverage Code. Sec. 12-201. Distance to church, school, hospital. (a) The sale of beer is prohibited at any location in the city that is within a residential zoning district or an identified portion of a planned development district restricted to residential uses, except as may otherwise be allowed by the Comprehensive Zoning Ordinance. The sale of alcoholic beverages shall not be permitted on the premises of a restaurant with drive-through or curb service. The sale of alcoholic beverages within 300 feet of any church, public or private school or public hospital is prohibited.

(b) The measurement of the distance between the place of business where alcoholic beverages are sold and the 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 the public or private 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. (c) If at the time an original alcoholic beverage permit or license is granted by the Texas Alcoholic Beverage Commission for a premises, the premises satisfies the requirements regarding distance from schools, churches, and other types of premises set forth in this article, 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 in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license. This subsection does not apply to the satisfaction of the distance requirement prescribed by this section for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license this subsection does apply to the holder's surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license. (d) The city council may, upon application, approve and grant a variance from the requirements of subsection (a) of this section if the council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (e) A violation of this section is an offense punishable by a fine not exceeding $2,000.00, and each violation shall be a distinct and separate offense and punishable as such. Sec. 12-202. Permit required. (a) No person, corporation or association shall sell alcoholic beverages within the city without first having applied for and been granted a valid permit issued by the city to sell alcoholic beverages. Upon the exhibition of a license or permit duly issued by the State of Texas to the applicant, the Building Inspection Department shall, in the name of the city, issue and deliver to the applicant a permit to engage in the business in the city of the character described in and authorized by the license or permit from the State held by the applicant. The license or permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in a license or permit from the State and shall remain in force only so long as the license or permit from the state remains in force.

(b) An applicant for a permit under this section shall pay a fee at the time of the submission of the application. The fee shall be equal to one-half (½) of the state fee for each permit issued for premises located within the city. Sec. 12-203. Business hours. (a) It is unlawful for any person to sell or deliver any liquor except within those hours as prescribed by state law. (b) It is unlawful for any person to sell or offer for sale beer or wine, except within those hours as prescribed by state law. Sec. 12-204. Violation; penalty. A permittee or licensee who sells an alcoholic beverage without first having paid a fee levied in this article commits a misdemeanor and, upon conviction, shall be punished by fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00). Any person, firm or association violating any of the other provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two thousand dollars ($2,000.00). In addition to any other penalty imposed in this article or by state law, the city may revoke or suspend any license or permit granted under the provisions of this article, or may cause the Texas Alcoholic Beverage Commission to revoke or suspend any other license or permit issued under the provisions of the Texas Alcoholic Beverage Code. The remedies provided herein shall be deemed to be cumulative of all other remedies.” SECTION 2. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision hereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 3. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall, upon conviction, be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each violation shall be a distinct and separate offense and punishable as such. SECTION 4. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide.

DULY PASSED by the City Council of the City of Duncanville, Texas, on the 19th day of August, 2003. APPROVED:

_______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY (56833)

ORDINANCE NO. 1853

AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUNCANVILLE BY AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES, TO ADD A NEW ARTICLE XIX, TO PROVIDE REGULATIONS FOR THE SALE OF ALCOHOLIC BEVERAGES AND TO REQUIRE LICENSES, PERMITS AND FEES FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.

DULY PASSED by the City Council of the City of Duncanville, Texas, on the 19th day of August, 2003.

APPROVED: _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY


				
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