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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