2014-405s:\legal\our documee�ts\ordinas�ces\14\si 14-0016.doc�
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WHEREAS, pursuant to Title 17, Chapter 501, Sectian 501.032(A)(1)(A} of the
Texas Election Code, the City is required to receive signatures representing at least 35
percent of the registered vaters in the subdivision who voted in the mast recent
gubernatorial election, or 6482 signatures, befare a local optian election to legalize the
sale of all alcoholic beverages including mixed beverages can be ordered; and
WHEREAS, on July 3, 2014, the City of Denton received a petition from Denton
First to order a local option election to legalize the sale of all alcoholic beverages
including mixed beverages; and
WHEREAS, on August 5, 2014, after duly verifying the signatures within the
thirty (30) day period as required by law, the City Secretary certified 6,489 signatures
which meet the statutorily required threshold set forth in Chapter 501 of the Texas
Election Code; and
WHEREAS, the City Council found that the provisions of Artile 16, Sectian 20 of
the Texas Constitution, Chapter 251 of the Texas Alcoholic Beverage Code and Chapter
501 of the Texas Election Code, as applicable, have been complied with; and
WHEREAS, the City Council of the City of Denton determined that ihe matter be
resolved by the vaters of the City of Denton; and
WHERAS, applicable State law required the election to be held an the next
unifarm election date, November 4, 2014; and
WHEREAS, the City Council approved Ordinance No. 2014-238 ordering an
election to be held on November 4, 2014, to legalize the sale of all alcoholic beverages,
including mixed drinksg and
WHEREAS, On Navember 4, 2014, the lacal option election resulted in the
voters' approval of the PROPOSITION; and
WHEREAS, on November 18, 2014, the City Council canvassed the votes and
certified the results of the local option election; and
WHEREAS, the Alcohol Beverage Code of the Texas Alcohol and Beverage
Commission grants municipalities the right to adopt certain distance requirements and
setbacks between churches, public or private schools, and public hospitals; NOW
THE1�.Lil' � R 1 '.y
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. That Chapter 5 of the Code of Ordinances of the City of Denton is
hereby amended so that said section shall hereafter be and read as follows:
Sec. 5-3 Rules and Regulations for Sales
(a) The sale of alcoholic beverages by a dealer whose place of business is within 300 feet
of a church, public or private school, or public hospital is prohibited.
(b) Measurement of Distances: The measurement of the distance between the place of
business where alcoholic beverages are sold and the church or public hospital shall be
along the property lines of the street fronts and from front door to front door, and in direct
line across intersections. The measurement of the distance between the place of business
where alcoholic beverages are sold and the public or private school shall be:
(1) In a direct line from the property line of the public or private school to the
property line of the place of business, and in a direct line across intersections; or
(2) If the permit or license holder is located on or above the fifth story of a
multistory building, in a direct line from the property line of the public or private
school to the property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line to the base of the
floor on which the permit or license holder is located.
SECTION 2. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid by any court, such invalidity shall not affect the
validity of the provisions or applications, and to this end the provisions of this ordinance
are severable.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict
with the provision of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Denton, not in conflict with the provision of this ordinance,
shall remain in full force and effect.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the
date of its passage,
and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _� day of ��� �������� , 2014.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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�T�I'��. ��VED ����� TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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