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HomeMy WebLinkAbout1987-1111830L NO AN ORDINANCE ADDING SECTIONS 14-76 and 14-77 TO ARTICLE VI OF CHAPTER 14 "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR LOCAL FEES AS AUTHORIZED BY THE TEXAS ALCOHOL $ BEVERAGE CODE SECTION 11 38, AS AMENDED, PROVIDING FOR A PENALTY CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Code of Ordinances of the City of Denton, Article VI of Chapter 14, is hereby amended by adding a section to be 14-76, which said section reads as follows Section 14-76 Fees for Sale of Alcoholic Beverages No holder of any permit from the Texas Alcoholic Beverage Commission shall engage in the sale of alcoholic beverages within the City limits without first having paid to the City Secretary a non-refundable annual fee in the amount of one-half (1/2) the state fee for each permit or renewal of a permit that is issued and authorized by the Texas Alcohol and Beverage Code SECTION II That the Code of Ordinances of the City of Denton, Article VI of Chapter 14 is hereby amended by adding a section, to be numbered 14-77, which said section reads as follows Section 14-77 Penalty Any permittee, his agents, servants, or employees who sells an alcoholic beverage without having first paid the fee specified in Sec 14-76 and as authorized by Texas Alcohol and Beverage Code Sec 11 38, commits an offense and shall be guilty of a misdemeanor Each and every sale of an alcoholic beverage without a permit shall constitute a separate offense and shall be punishable by a fine of not less than ten dollars and not to exceed two hundred dollars This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite such invalidity SECTION IV That this ordinance shall become effective fourteen 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ke day of , 1987 RAY ST IENS, AYOR CITY 0 DENTON, TEXAS ATTEST JE FE L ERS, CI SECRETARY CI Y OF D TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1. 1''... M PAGE 2