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1983-064AN ORDINANCE AMENDING ARTICLE 12 (49) AND (50) OF APPENDIX B-ZONING OF THE CODE OF ORDINANLES OF THE CITY OF DENTON, TEXAS RELAFING TO THE ON-PREMISE SALE OF ALCOHOLIC BEVERAGES WITHIN 100 FEET OF A RESIDENCE BY PROVIDING FOR A UNIFORM MANNER OF MEASUREMENT IN ACCORDANCE WITH THAT AUTHORIZED BY STATE LAW FOR SIMILAR PROHIBIrlONS, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENFON, TEXAS HEREBY ORDAINS SECTION I That the last sentence of Article 12 (49)(a) S of Appendix B-Zonxng of the Code of Ordxnances of the Cxty of Denton whxch reads as follows "The measurement shall be taken as the most direct distance between the residential dwellxng unit and the buxldxng used for the consumptxon of wnous and malt liquors or beer", xs hereby amended to read as follows "The measurement of the dxstance shall be along the property lxnes of the street fronts and from front door to front door, and in d~rect line across intersections " SECTION II That Article 12, (49)(b) of Appendxx B-Zonxng of the Code of Ordxnances xs hereby amended by addxng thereto the following sentence which shall read as follows "The measurement of the distances referred to above shall be along the property lxnes of the street fronts and from front door to front door, and xn direct line across intersections" SECTION III That the last sentence of Artxcle 12 (50)(a) S of Appendxx B-Zonxng of the Code of Ordxnances of the City of Denton whxch reads as follows "The measurement shall be taken as the most direct dxstance between the resxdentxal dwellxng unxt and the bu~ldxng used for the llcensed private club," is hereby amended to hereafter read as follows "The measurement of the dxstance shall be along the property lxnes of the street fronts and from front door to front door, and in dxrect lxne across Intersections " SECTION IV That if any section, subsection, paragraph, sentence, clause, phrase or word in th~s ordinance, or application thereof to any person or c~rcumstance ~s held invalid by any court of competent ourlsd~ctlon, 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 ~t would have enacted such remaining portions despite any such ~nvalxd~ty S~CTION V Any person who shall v~olate a prowslon of th~s ordinance, or falls to comply therewith or w~th any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200 00) Bach such person shall be deemed guilty of a separate offense for each and every day or port~on thereof during which any violation of this ordinance is comm~t- ted, or continued, and upon conwct~on of any such wolatlons such person shall be punished w~th~n the l~m~ts above ShCTION VI That this ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary is hereby d~rected to cause the caption of this ordinance to be published twice ~n the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASShD AND APPROVED th~s the~~day of ~f,~, 1983 /CITY O~ D~TON, ThXAS ATTHST C~RLOT'rh'ALLEN, CI~CRETARY CITY OF D~NTON, T~XAS APPROVED AS TO L~6AL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF D~NTON, TBXAS IN THE MATTER OF C,ITY OF DENTON C~NARLOTTE ALLEN .... Roy Appleton, Jr THE STATE OF TEXAS County of Denton being duly sworn, says he is the General Manager of the Denton l~ecord- Chromcle, a newspaper of general circulation which has been continuously and regularly published for a permdlof not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said horace was pubhshed m smd paper on the follow mg dates NO 83-64 on-premises sale of alcoholic beverages within 100 ft of a residence 21 lines S16.80 JUNE 30 & JULY ~-, '1983 gubscmbed and sworn to before me this Watness my hand and officml seal Notar~ Pubhd[Denton Co~unty~Texas