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1976-020AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO 69-1) OF THE CITY OF DENTON, TEXAS BY PERMITTING THE OFF-PREMISE SALE OF BEER ,AND WINE IN CERTAIN ZONING DISTRICTS TO THOSE PERSONS OR ENTITIES THAT HAVE A "WINE AND/OR BEER RETAILER'S OFF-PREMISE PERMIT",, PERMITTING THE IEXISTENCE OF DISTRIBUTORS OF WINE AND/OR BEER IN CERTAIN ZONING DISTRICTS, PROVIDING A PENALTY, AND DE- CLARING AND EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I (1) That the Zonzng Ordinance of the City of Denton, Texas, adopted January 14, 1969, as an appendix to the Code of Ordznances of the City of Denton, Texas, as Ordznance No 69-1, as amended, be, and the same zs hereby amended as follows "ARTICLE VII USE OF REGULATION DISTRICTS, USE OF LAND AND BUILDINGS A Legend for interpretzng schedule of use The Tables in 7H shall be amended to include 'Off- Premise Sale of Beer and/or Wzne' zn the following distrzcts General Retall Service Dlstrlct (GR) Co~zmercial District (C) Central Business District (CB) Light Industrlal District (LI) Heavy Industrial District (HI) Planned Development D~str~ct (PD) Any neighborhood grocery store or convenience food store existing in a Neighborhood Service Zoning Dis- trict at the time of the adoption of this ordinance amendment shall be eligible for the Off-Premise sale of beer and/or wine (2) Wholesalers and distributors of beer and/or vinous and malt liquors will be considered as and fall withzn the "Storage or Sales Warehouse" use as contained in the Legend of Article VII (3) "ARTICLE XII DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS A That this artzcle shall be amended by adding a new defi- nition n~mber (60) as follows (60) Beer and/or wine Definitzons concerning beer and/or wine and the retazl sale or wholesale dls- trzbution of the same are the same as those defi- nitzons contained in the Texas L~quor Control Act Dzstrzbutor and/or wholesaler of beer and/or wzne shall znclude the varzous types of dzstrzbutors/ wholesalers as defzned in the Texas Lzquor Control Act, and "Off-Premzse Retazler's" and "On-Premise ~mtazler's" of beer and/or wine shall znclude the varzous types of retailers permztted under the Texas Liquor Control Act" (4) 7D LICENSE TO MANUFACTURE, SELL, DISTRIBUTE, ETC No person shall manufacture, sell, dzstribute, or store any vznous and malt lzquors and/or beer or other alcoholzc beverages, or engage zn any other actzvity wzth relatzon to same for whzch a permzt is required by the Texas Lzquor Control Act, wzthzn the Czty, wzthout first obtalnzng a license so to do from the City The fee for such license shall be an amount equal to one-half (~) the permzt or lzcense fee charged by the state under the Texas Lzquor Control Act (5) 7E APPROVAL OF CERTIFICATE, FEE FOR SIGNING CERTIFICATE Before the City Secretary shall sign any certificate for an applicant for a permit or lzcense under the Texas Liquor Control Act, such certificate shall be submztted to the Department of Com- munity Development to assure that the application complies wzth thzs artzcle A fee of twenty-fzve dollars ($25 00) shall be charged by the City Secretary for signing any such certlfzcate to defray the costs to the City SECTION II Any person vzolatzng this article shall be guzlty of a mis- demeanor and upon conviction shall be punzshed as provzded by the Texas Liquor Control Act, in the event zt should be held that such penalty does not apply to this article, then such persons shall be fzned not less than One Hundred ($100 00) Dollars nor more than Two Hundred ($200 00) Dollars and each day of such vzolation shall con- stltute a separate offense SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in thzs ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent 3ur- zsdzctzon, such holding shall not affect the validity of the remazn- lng portions of this ordinance, and the City Council of the City of -2- Denton, Texas, hereby declares zt would have enacted such remaznzng portions despite any such znvalzdzty SECTION IV That the City Co~/%cll of the City of Denton, Texas, hereby finds that such chan§es are in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideratIon, encourages the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and zts citizens SECTION V That this ordinance shall be zn full force and effect ~m~edl- ately after its passage and approval, the required public hearings hav~ng heretofore been held by the Planning and Zoning Commlss~on and the City Council of the C~ty of Denton, Texas, after E~ving due not,ce =hereof PASSED and APPROVED this the 4th day of May, A D 1976 ELINOR HUGHE~ CITY OF DENTON, TEXAS ATTEST ~ / ~Dk~S HOLT, CIT~ SECRETAlt vCITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS -3- (d) The sale of any vznous and malt lzquors or beer by any dealer where the place of buszness zs withzn three (300) feet of any church, publzc school, except North Texas State Unzverszty and Texas Woman's Unzverszty, or publzc hospital zs hereby prohibited (e) The sale of any vznous and malt lzqours or beer by any dealer where the place of buszness zs withzn one (100) hundred feet of any reszdentzal dwelling unit is prohibited 'Residential Dwell- zng Unit' for the purpose of this conditzon shall mean any single-family, two-family or multz-family dwelling The measurement shall be taken as the most direct distance between the residential dwell- zng unzt and the bulldzng used for the consumptzon of vinous and malt liquors or beer (f) Where the business property serving vinous and malt lmquors or beer abuts a reszdentlal property or zoning district, a solid fence at least six feet high shall be erected for the full distance between the two properties (g) Sale of vinous and malt lzqours or beer shall be prohibited in con3unct~on wzth any business utzliz- lng pool tables, billiard tables, foos ball machines, electronzc gaming machines or any other type of gaming table or devzce (h) A dealer selling vznous and malt liquors or beer shall use no signs advertising the existence of such business other than those authorized by the Texas Liquor Control Act (3) 7C SALE OF BEER AND/OR WINE IN RESTAURANTS The sale for consumptzon on the premises where sold of vinous and malt lzquors and beer, contaznlng not more than four- teen (14%) percent of alcohol by volume, is authorized in any res- taurant which is located not less than three (300) hundred feet of any church, publzc school, except North Texas State University and Texas Woman's Unzversity, or publzc hospztal The sale of any vinous and malt liquors or beer by any restaurant where the place of business zs wzthin one (100) hundred feet of any reszdentzal dwelling unit is prohibited Furthermore, where any restaurant serving vinous and malt liquors or beer abuts a reszdentzal property or zoning district, a solzd fence at least slx feet high shall be erected for the full distance between the two properties Such a restaurant shall not advertzse on any sign (except on the menu) the fact that it sells vinous and malt liquors and/or beer The word -2- 'restaurant' zn thzs section shall mean any establishment whzch is clearly utilized for service of food as its przmary functzon, and where more than seventy (70%) percent of zts gross revenues are derzved from the sale of food, as opposed to revenues derzved from the sale of vinous and malt lzquors and/or beer The word 'restau- rant' shmll not include an eating establishment, commonly known as a drmve-in in which food and beverages are delzvered to the customer outsmde of the butldmng, or in which food and beverages purchased wmthzn the establishment are taken outside for consumption, unless consumption outsmde ms on the premzses in an area ad0acent to the restaurant and not visible from any public street or way The word 'resmdence' in this section shall mean any szngle-famzly, two-family or multz-family dwelling (4) 7D LICENSE TO MANUFACTURE, SELL, DISTRIBUTE, ETC No person shall manufacture, sell, distribute, or store any vinous and malt liquors and/or beer or other alcoholmc beverages, or engage in any other actzvtty wzth relatzon to same for which a permzt zs required by the Texas Liquor Control Act, wmthzn the City, without first obtaining a license so to do from the Cmty The fee for such license shall be an amount equal to one-half (~) the permmt or license fee charged by the state under the Texas Lmquor Control Act (5) 7E APPROVAL OF CERTIFICATE, FEE FOR SIGNING CERTIFICATE Before the City Secretary shall sign any certmfzcate for an applzcant for a permit or lzcense under the Texas Lzquor Control Act, such certzficate shall be submitted to the Department of Communmty Development to assure that the applzcatzon complies with this artzcle A fee of twenty~five dollars ($25 00) shall be charged by the City Secretary for szgning any such certifzcate to defray the costs to the Cmty SECTION II Any person vzolating thms artzcle shall be guzlty of a mmsde- meanor and upon convzction shall be punzshed as provmded by the Texas Liquor Control Act, in the event mt should be held that such -3- penalty does not apply to this artzcle, then such persons shall be fzned not less than One Hundred ($100 00) Dollars nor more than Two Hundred ($200 00) Dollars and each day of such vzolatzon shall con- stztute a separate offense SECTION III That if any sectzon, subsectzon, paragraph, sentence, clause, phrase or word in thzs ordznance, or appllcatzon thereof to any per- son or circumstances is held znvalzd by any court of competent 3urzs- dzctzon, such holdzng shall not affect the valzdzty of the remaznzng portzons of this ordznance, and the Czty Counczl of the City of Denton, Texas, hereby declares zt would have enacted such remaznzng portzons despzte any such invalidzty SECTION IV That the Czty Counczl of the Czty of Denton, Texas, hereby fznds that such changes are zn accordance wzth a comprehenszve plan for the purpose of promotzng the general welfare of the Czty of Denton, Texas, and wzth reasonable conszderatzon, encourages the most approprzate uses of land for the maximum benefit to the Czty of Denton, Texas, and zts cztzzens SECTION V That this ordznance shall be zn full force and effect zmmedzately after zts passage and approval, the required publzc hearzngs havzng heretofore been held by the Plannzng and Zonzng Commzss~on and the Czty Council of the City of Denton, Texas, after gzvzng due notzce thereof PASSED and APPROVED thzs the 4th day of May, A D 1976 ELINOR HUGHES, ~A~OR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM LPAUL- C ISHAiM, CITY ATTORNEY CITY OF DENTON, TEXAS -4-