1979-039AN 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 LICENSEES, PRIVATE CLUB LATE HOURS PERMIT-
TEES, 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, PROVIDING A PENALTY, AND DECLARING AN EMER-
GENCY
WHEREAS, the Leglslature of the State of Texas enacted the
Texas Alcoholic Beverage Code, by Acts 1977, 65th Leg , Chapter
194 and amended by Acts 1977, 65th Leg , Chapter 453, both effective
September 1, 1977, to authorize the governing body of any incorpor-
ated city or town located in any county with a population of less
than three hundred thousand (300,000) ~nhab~tants according to the
last preceding federal census, by ordinance to adopt the extended
hours during which alcoholic beverages may be lawfully consumed in
a public place, and the extended hours during which alcoholIc bever-
ages may be lawfully sold on premises, in conformity with the provi-
sions of the Texas Alcoholic Beverage Code, and
WHEREAS, the City of Denton, Texas is located in Denton County,
State of Texas, which said county has a population of less than three
hundred thousand (300,000) inhabitants accordlng to the last preceding
federal census, and
WHEREAS, the City Council of the C~ty of Denton desires to grant
to Retail Dealers On-Premise Late Hours Licensees, Private Club Late
Hours Permlttees, and to consummers of alcoholic beverages the rights
and privileges provided for in the Texas Alcoholic Beverage Code, and
WHEREAS, the Texas Alcoholic Beverage Code authorizes the govern-
lng body of a city or town to levy and collect a fee not to exceed
one-half the state fee for a permit or l~cense ~ssued for the premise
located wlthln the city or town,
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY
ORDAINS
SECTION I
It shall be lawful for any person within the corporate llmlts of
the City of Denton to consume an alcoholic beverage in a public place
or possess an alcoholic beverage in a public place for the purpose of
consummlng the same in such public place during the extended hours
granted by the Texas Alcoholic Beverage Code
SECTION II
It shall be lawful for the holder of a Retail Dealer's On-
Premise Late Hours L~cense within the corporate limits of the City
of Denton to sell beer or offer the same for sale during the extended
hours granted and authorlzed by the Texas Alcoholic Beverage Code
SECTION III
It shall be lawful for the holder of a Prlvate Club Late Hours
Permit within the corporate llmlts of the C~ty of Denton to sell or
offer for sale mixed beverages, and permit persons to consume or be
served m~xed beverages during the extended hours granted and author-
~zed by the Texas Alcoholic Beverage Code
SECTION IV
No holder of a Retail Dealer's On-Premise Late Hours License
from the Texas Alcoholic Beverage Commission shall engage in such
operation wlthln the corporate limits of the City of Denton without
having first paid to the Clty Secretary a non-refundable annual city
fee in the amount of one-half (1/2) the state fee for each l~cense
so issued
SECTION V
No holder of a Private Club Late Hours Permit from the Texas
Alcoholic Beverage Commlsslon shall engage in such operation within
the corporate llmlts of the C~ty of Denton without having f~rst paid
to the Clty Secretary a non-refundable annual city fee in the amount
of one-half (1/2) the state fee for each permit so issued
SECTION VI
Any person who v~olates any provision of th~s ordinance shall
be gullty 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 $200 00
SECTION VII
The fact that the City of Denton and ~ts ~nhabltants find It
undesirable and dangerous for its clt~zens to travel on the public
h~ghways to other nelghborlng cities for late night entertainment,
creates an urgency and an emergency in the preservation of the public
health, safety and welfare, and requires that th~s ordinance shall take
effect immediately from and after its passage, as the law in such
cases provides
BILL NASH, MAYOR
CITY OF DENTON, TEXAS
ATTE/~
~R~OKS HOLT, WCITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
PAUL C ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS