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HomeMy WebLinkAbout1979-039NO r AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING THE PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON -PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMIT - TEES, AND TO CONSUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE, PROVIDING FOR A LOCAL FEE AS AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE CODE, PROVIDING A PENALTY, AND DECLARING AN EMER- GENCY WHEREAS, the Legislature of the State of Texas enacted the Texas Alcoholic Beverage Code, by Acts 1977, 65th Leg , Chapter 194 and amended by Acts 1977, 65th Leg , Chapter 453, both effective September 1, 1977, to authorize the governing body of any incorpor- ated city or town located in any county with a population of less than three hundred thousand (300,000) inhabitants according to the last preceding federal census, by ordinance to adopt the extended hours during which alcoholic beverages may be lawfully consumed in a public place, and the extended hours during which alcoholic bever- ages may be lawfully sold on premises, in conformity with the provi- sions of the Texas Alcoholic Beverage Code, and WHEREAS, the City of Denton, Texas is located in Denton County, State of Texas, which said county has a population of less than three hundred thousand (300,000) inhabitants according to the last preceding federal census, and WHEREAS, the City Council of the City of Denton desires to grant to Retail Dealers On -Premise Late Hours Licensees, Private Club Late Hours Permittees, and to consummers of alcoholic beverages the rights and privileges provided for in the Texas Alcoholic Beverage Code, and WHEREAS, the Texas Alcoholic Beverage Code authorizes the govern- ing body of a city or town to levy and collect a fee not to exceed one-half the state fee for a permit or license issued for the premise located within the city or town, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I It shall be lawful for any person within the corporate limits of the City of Denton to consume an alcoholic beverage in a public place or possess an alcoholic beverage in a public place for the purpose of consumming the same in such public place during the extended hours granted by the Texas Alcoholic Beverage Code SECTION II It shall be lawful for the holder of a Retail Dealer's On - Premise Late Hours License within the corporate limits of the City of Denton to sell beer or offer the same for sale during the extended hours granted and authorized by the Texas Alcoholic Beverage Code SECTION III It shall be lawful for the holder of a Private Club Late Hours Permit within the corporate limits of the City of Denton to sell or offer for sale mixed beverages, and permit persons to consume or be served mixed beverages during the extended hours granted and author- ized by the Texas Alcoholic Beverage Code SECTION IV No holder of a Retail Dealer's On -Premise Late Hours License from the Texas Alcoholic Beverage Commission shall engage in such operation within the corporate limits of the City of Denton without having first paid to the City Secretary a non-refundable annual city fee in the amount of one-half (1/2) the state fee for each license so issued SECTION V No holder of a Private Club Late Hours Permit from the Texas Alcoholic Beverage Commission shall engage in such operation within the corporate limits of the City of Denton without having first paid to the City Secretary a non-refundable annual city fee in the amount of one-half (1/2) the state fee for each permit so issued SECTION VI Any person who violates any provision of this ordinance shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine of not more than $200 00 SECTION VII The fact that the City of Denton and its inhabitants find it undesirable and dangerous for its citizens to travel on the public highways to other neighboring cities for late night entertainment, creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take PG' a' 7 `-1 3 R effect immediately from and after its passage, as the law in such cases provides PASSED AND APPROVED on this the ATTES IARMW90KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS day of /v%r9r,,� , 1979 CITY OF DENTON, TEXAS P-e- S 'I9 39