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1987-1111850L NO AN ORDINANCE ADDING SECTIONS 14-76 and 14-77 TO ARTICLE VI OF CHAPTER 14 "OFFENShS AND MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR LOCAL FhES AS AUTHORIZED BY THE TEXAS ALCOHOL ~ BEVERAGE CODE SECTION ll 58, 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 f~rst having pa~d to the C~ty 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 ~s hereby amended by adding a section, to be numbered 14-77, which said section reads as follows Section 14-77 Penalty Any permlttee, h~s agents, servants, or employees who sells an alcoholic beverage w~thout having first pa~d the fee specified ~n Sec 14-76 and as authorized by Texas Alcohol and Beverage Code Sec 11 58, 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 f~ne 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 ~n th~s ordinance, or application thereof to any person or c~rcumstance, 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 C~ty of Denton, Texas, hereby declares it would have enacted such remaining portions despite such invalidIty SECTION IV That th~s 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 /~'~'~day of ~__, 1987 ATTEST JBN/N[FBR I~LTBRS, ~ITY-SECRETARY CI~OF D~vNTON, TE%AS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 2