1981-106 NO 81-106
AN ORDINANCE CALLING A SPECIAL INITIATIVE ELECTION IN THE CITY
OF DENTON, TEXAS TO BE HELD ON THE 16TH DAY OF JANUARY, 1982 FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY
THE QUESTION OF WHETHER OR NOT AN ORDINANCE PERTAINING TO
EXTENDED HOURS FOR THE LAWFUL SALE, POSSESSION AND CONSUMPTION
OF ALCOHOLIC BEVERAGES, AND TO GRANT TO RETAIL DEALERS
ON-PREMISE LATE HOURS LICENSES, AS AUTHORIZED BY THE TEXAq
ALCOHOLIC BEVERAGE CODE SHOULD BE ADOPTED BY THE QUALIFIED
VOTERS OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
APPOINTMENT OF ELECTION OFFICIALS, PROVIDING FOR ONE VOTING
PLACE, ~PROVIDING FOR THE USE OF PAPER BALLOTS AND PROVIDING FOR
THE FORM OF BALLOT TO BE USED IN SUCH ELECTION, AND PROVIDING
THAT THE CITY SECRETARY SHALL PREFORM THE DUTIES AND FUNCTIONg
OF AN ELECTION OFFICIAL
WHEREAS, an Initiative Ordinance has been submitted to the
City Council of the C~ty of Denton under the provisions of
Article IV of the Charter of the City of Denton, Texas, together
w~th a petition conta~nlng the required number of s~gnatures, and
WHEREAS, the City Council of the C~ty of Denton called a
public hearlng which was held on the 10th day of November, 1981
for the purpose of considering whether or not such ordinance
should be adopted by the C~ty Council as required by Section
4 07 of the Charter of the City of Denton, Texas, and
WHEREAS, the City Council of the City of Denton, Texas
followlng such public hearing failed to pass the ordinance as
requested by the committee subm~ttzng such initiative ordinance
to the C~ty Council, and
WHEREAS, Section 4 08 of the Charter of the City of Denton
requires the City Council to call an ~n~tlat~ve elect~on for the
purpose of submitting said ordinance to the quallf~ed voters of
the C~ty of Denton if the Council falls to enact such ordinance,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
Pursuant to the terms and provisions of the Charter of the
City of Denton, Texas, a special election is hereby ordered held
~n the City of Denton, Texas on Saturday, the 16th day of
January, 1982 for the purpose of submitting to the qualified
voters of the City of Denton, Texas, for adoption or rejection,
the following proposed ordinance
PAGE ONE
NO
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 LICENSES, PRIVATE CLUB LATE HOURS PERMITTEES, AND
TO CONSUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND
PRIVILEGES PROVIDED FOR IN SUCH PROVISIONS OF THF TEXAS
ALCOHOLIC BEVERAGE CODE, PROVIDING FOR A LOCAL FEE AS
AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE CODF,
AMENDING THE CODE OF THE CITY OF DFNTON BY ADDING A NEW
ARTICLE VI TO CHAPTER 14 ENTITLED "ARTICLE VI ALCOHOLIC
BEVERAGES", PROVIDING A PENALTY, AND DECLARING AN
EMERGENCY
WHEREAS, the Alcoholic Beveraqe Code of the State of
Texas, as amended, authorizes the qovernlng body of any
incorporated city or town located ~n a county with a
population of less than three hundred thousand
(300,000) inhabitants, accordlng to the last preceding
federal census, to adopt an ordinance to provide for
extended hours during which alcoholic beverages may be
lawfully consumed ~n a public place, and the extended
hours during which alcoholic beverages may be lawfully
sold on premises, in conformity w~th the provisions of
the Texas Alcoholic Beverage Code, and
WHEREAS, the C~ty of Denton ~s located in Denton
County, Texas, which county has a population of less
than three hundred thousand (300,000) ~nhabltants
according to the last preceding federal census, and
WHEREAS, the City Council of the City of Denton desires
to grant to Retall Dealers On-Premise Late Hours
Licensees, Private Club Late Hours Permlttees, and to
consumers of alcoholic beverages the r~ghts and
privileges provided for ~n the Texas Alcoholic Beverage
Code, and
WHEREAS, the Texas Alcoholic Beverage Code authorizes
the governing body of a c~ty 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, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
Chapter 14 of the Code of the City of Denton is hereby
amended by adding thereto a new Article VI reading as
follows
ARTICLE VI ALCOHOLIC BEVERAGES
SECTION 14-80 CONSUMPTION-EXTENDED HOURS
Section 14-80 Consumptlon-Extended Hours
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 ~n a public place for the purpose of consuming
the same in such public place during the extended hours
granted by the Texas Alcoholic Beverage Code
PAGE TWO
Section 14-81 Sales-Extended Hours
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 14-82 Sales-Extended Hours
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
authorized by the Texas Alcoholic Beverage Code
Section 14-83 Fees
No holder of any License from the Texas Alcoholic
Beverage Commission shall engage in such business or
operation within the corporate limits of the City of
Denton without having first paid to the City ~ecretary
a non-refundable annual City fee in the amount of
one-half (1/2) the State fee for each license so issued
as authorized by the Alcoholic Beverage Code
SFCTION II
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 Two
Hundred Dollars ($200 00)
SECTION III
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 effect immediately from and after
its passage, and it is so ordained
PASSED AND APPROVED this the __ day of , 1981
RICHARD O STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
SECTION II
Said election shall be held at one polling place for all
qualified voters of the City, and the polling place and
presiding officers for said election shall be as follows, to-wit
PAGE THREE
POLLING PLACE The Community Building of the Civic Center
at Bell Avenue and East McKlnney Street in the City of Denton,
Texas
PRESIDING OFFICERS Presiding Judge Lee Knox, Alternate
Presiding Judge Robert Miller, and the presiding judge of said
elect~on ~s hereby author~zed to appoint not less than two
clerks for the purpose of assisting in holding such election
SECTION III
Said election shall be held in accordance with the
Constltut~on and Laws of the State of Texas, and the Charter of
the City of Denton, Texas, and all duly qualified resident
electors of the C~ty of Denton, Texas shall be qualified to vote
in said election
SECTION IV
That paper ballots shall be used in such election both for
the polling place and for absentee votlng ~n conformance with
the provisions of the Elect~on Code of the State of Texas
SECTION V
That the ballots of the election shall conform to the
requirements of the Election Code of the ~tate of Texas as
amended, and the language to be printed and the form of the
ballot shall include the following
OFFICIAL BALLOT
Official ballot Instructions-Place an "X" in the square
beside the statement ~nd~catlng the way you w~sh to vote
ORDINANCE PROPOSITION
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 LICENSFS,
PRIVATE CLUB LATE HOURS PERMITTEES, 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, AMENDING THE CODE OF THE CITY OF
DENTON BY ADDING A NEW ARTICLE VI TO CHAPTER 14 ENTITLED
"ARTICLE VI ALCOHOLIC BEVERAGES", PROVIDING A PENALTY, AND
DECLARING AN EMERGENCY
~ FOR THE ORDINANCE
~ AGAINST THE ORDINANCE
PAGE FOUR
SECTION VI
Said election shall be held between the hours of 7 00 A M
and 7 00 o'clock P M on the 16th day of January, 1982 in
accordance with the provisions of the Charter of the City of
Denton and the Election Code of the State of Texas
SECTION VII
That notice of sald election shall be given by the posting
of true copies of this ordinance, signed by the Mayor and
attested by the City Secretary, in three public places of the
City, one of which places shall be at the Municipal Building,
for thirty (30) consecutive days prior to the date of such
election and this ordinance shall be published in full one time
in the Denton Record-Chronicle at least thirty (30) days prior
to said elect~on
SECTION VIII
The City Secretary shall make up the official ballot in
accordance with the Election Code of the State of Texas and is
hereby authorized and directed to have the ballots to be used in
such election printed and delivered to the presiding Judge of
said election and to perform all other acts required of election
officials for such election
SECTION IX
That immediately after the counting of the votes the
presiding Judge shall deliver the official returns of the
election to the City Secretary
SECTION X
That on the Tuesday next following the elect~on, the City
Council shall canvass the returns and declare the results of
such election which shall be recorded in the Minutes of the C~ty
Council
SECTION XI
That should a majority of the qualified voters of the City
of Denton voting ~n such election vote for the ordinance, then
it shall become a part of the Code of the City of Denton, Texas
PAGE FIVE
SECTION XII
This ordinance shall become effective from and after its
date of passage
PASSED AND APPROVED this the 17th day of November, 1981
//RICHARD O '/STEWAR~, MAYO~ [/
CITY OF DE~TON, TEXAS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE SIX