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HomeMy WebLinkAbout1976-020NO %G --.20 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO 69-1) OF THE CITY OF DENTON, TEXAS BY PERMITTING THE OFF -PREMISE SALE OF BEER,AND WINE IN CERTAIN ZONING DISTRICTS TO THOSE PERSONS OR ENTITIES THAT HAVE A "WINE AND/OR BEER RETAILER'S OFF -PREMISE PERMIT"„ PERMITTING THEiEXISTENCE OF DISTRIBUTORS OF WINE AND/OR BEER IN CERTAIN ZONING DISTRICTS, PROVIDING A PENALTY, AND DE- CLARING AND EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS M SECTION I (1) That the Zoning Ordinance of the City of Denton, Texas, adopted January 14, 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, as Ordinance No 69-1, as amended, be, and the same is hereby amended as follows "ARTICLE VII USE OF REGULATION DISTRICTS, USE OF LAND AND BUILDINGS A Legend for interpreting schedule of use The Tables in 7H shall be amended to include 'Off - Premise Sale of Beer and/or Wine' in the following districts General Retail Service District (GR) Commercial District (C) Central Business District (CB) Light Industrial District (LI) Heavy Industrial District (HI) Planned Development District (PD) Any neighborhood grocery store or convenience food store existing in a Neighborhood Service Zoning Dis- trict at the time of the adoption of this ordinance amendment shall be eligible for the Off -Premise sale of beer and/or wine (2) Wholesalers and distributors of beer and/or vinous and malt liquors will be considered as and fall within the "Storage or Sales Warehouse" use as contained in the Legend of Article VII (3) "ARTICLE XII DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS A That this article shall be amended by adding a new defi- nition number (60) as follows (60) Beer and/or wine Definitions concerning beer and/or wine and the retail sale or wholesale dis- tribution of the same are the same as those defi- nitions contained in the Texas Liquor Control Act Distributor and/or wholesaler of beer and/or wine shall include the various types of distributors/ wholesalers as defined in the Texas Liquor Control Act, and "Off -Premise Retailer's" and "On -Premise Retailer's" of beer and/or wine shall include the various types of retailers permitted under the Texas Liquor Control Act " (4) 7D LICENSE TO MANUFACTURE, SELL, DISTRIBUTE, ETC No person shall manufacture, sell, distribute, or store any vinous and malt liquors and/or beer or other alcoholic beverages, or engage in any other activity with relation to same for which a permit is required by the Texas Liquor Control Act, within the City, without first obtaining a license so to do from the City The fee for such license shall be an amount equal to one-half (k) the permit or license fee charged by the state under the Texas Liquor Control Act (5) 7E APPROVAL OF CERTIFICATE, FEE FOR SIGNING CERTIFICATE Before the City Secretary shall sign any certificate for an applicant for a permit or license under the Texas Liquor Control Act, such certificate shall be submitted to the Department of Com- munity Development to assure that the application complies with this article A fee of twenty-five dollars ($25 00) shall be charged by the City Secretary for signing any such certificate to defray the costs to the City SECTION II Any person violating this article shall be guilty of a mis- demeanor and upon conviction shall be punished as provided by the Texas Liquor Control Act, in the event it should be held that such penalty does not apply to this article, then such persons shall be fined not less than One Hundred ($100 00) Dollars nor more than Two Hundred ($200 00) Dollars and each day of such violation shall con- stitute a separate offense SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent jur- isdiction, such holding shall not affect the validity of the remain- ing portions of this ordinance, and the City Council of the City of -2- Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION IV That the City Council of the City of Denton, Texas, hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, encourages the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens SECTION V That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof PASSED and APPROVED this the 4th day of May, A D 1976 .�. cf•�+- • • i • M • • APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS G K — CITY OF DENTON, TEXAS -3- (d) The sale of any vinous and malt liquors or beer by any dealer where the place of business is within three (300) feet of any church, public school, except North Texas State University and Texas Woman's University, or public hospital is hereby prohibited (e) The sale of any vinous and malt ligours or beer by any dealer where the place of business is within one (100) hundred feet of any residential dwelling unit is prohibited 'Residential Dwell- ing Unit' for the purpose of this condition shall mean any single-family, two-family or multi -family dwelling The measurement shall be taken as the most direct distance between the residential dwell- ing unit and the building used for the consumption of vinous and malt liquors or beer (f) Where the business property serving vinous and malt liquors or beer abuts a residential property or zoning district, a solid fence at least six feet high shall be erected for the full distance between the two properties (g) Sale of vinous and malt ligours or beer shall be prohibited in conjunction with any business utiliz- ing pool tables, billiard tables, foos ball machines, electronic gaming machines or any other type of gaming table or device (h) A dealer selling vinous and malt liquors or beer shall use no signs advertising the existence of such business other than those authorized by the Texas Liquor Control Act (3) 7C SALE OF BEER AND/OR WINE IN RESTAURANTS The sale for consumption on the premises where sold of vinous and malt liquors and beer, containing not more than four- teen (14%) percent of alcohol by volume, is authorized in any res- taurant which is located not less than three (300) hundred feet of any church, public school, except North Texas State University and Texas Woman's University, or public hospital The sale of any vinous and malt liquors or beer by any restaurant where the place of business is within one (100) hundred feet of any residential dwelling unit is prohibited Furthermore, where any restaurant serving vinous and malt liquors or beer abuts a residential property or zoning district, a solid fence at least six feet high shall be erected for the full distance between the two properties Such a restaurant shall not advertise on any sign (except on the menu) the fact that it sells vinous and malt liquors and/or beer The word -2- 'restaurant' in this section shall mean any establishment which is clearly utilized for service of food as its primary function, and where more than seventy (70%) percent of its gross revenues are derived from the sale of food, as opposed to revenues derived from the sale of vinous and malt liquors and/or beer The word 'restau- rant' shall not include an eating establishment, commonly known as a drive-in in which food and beverages are delivered to the customer outside of the building, or in which food and beverages purchased within the establishment are taken outside for consumption, unless consumption outside is on the premises in an area adjacent to the restaurant and not visible from any public street or way The word 'residence' in this section shall mean any single-family, two-family or multi -family dwelling (4) 7D LICENSE TO MANUFACTURE, SELL, DISTRIBUTE, ETC No person shall manufacture, sell, distribute, or store any vinous and malt liquors and/or beer or other alcoholic beverages, or engage in any other activity with relation to same for which a permit is required by the Texas Liquor Control Act, within the City, without first obtaining a license so to do from the City The fee for such license shall be an amount equal to one-half (k) the permit or license fee charged by the state under the Texas Liquor Control Act (5) 7E APPROVAL OF CERTIFICATE, FEE FOR SIGNING CERTIFICATE Before the City Secretary shall sign any certificate for an applicant for a permit or license under the Texas Liquor Control Act, such certificate shall be submitted to the Department of Community Development to assure that the application complies with this article A fee of twenty*five dollars ($25 00) shall be charged by the City Secretary for signing any such certificate to defray the costs to the City SECTION II Any person violating this article shall be guilty of a misde- meanor and upon conviction shall be punished as provided by the Texas Liquor Control Act, in the event it should be held that such -3- penalty does not apply to this article, then such persons shall be fined not less than One Hundred ($100 00) Dollars nor more than Two Hundred ($200 00) Dollars and each day of such violation shall con- stitute a separate offense SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent juris- diction, 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 any such invalidity SECTION IV That the City Council of the City of Denton, Texas, hereby finds that such changes are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, encourages the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens SECTION V That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof PASSED and APPROVED this the 4th day of May, A D 1976 ATTEST-) i ROOKS0LT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAU _ ISHA, CITY I( EY CITY OF DENTON, TEXAS "�L ELINOR HUGHES, CITY OF DENTON, TEXAS -4-