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HomeMy WebLinkAboutORD 07-013 ORDINANCE NO. 07-013 ENTITLEDAN ORDINANCE AMENDING CHAPTER 3,SECTIONS 3-1,3-2, 3-3, 3-4, 3-7, 3-8 AND 3-10 AND REPEALING CHAPTER 3, SECTION 3-5 AND SUBSECTION 3-8(a)OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 3, Section 3-1, be and the same is hereby amended to read as follows: Sec. 3-1. Permit or license required; term. (a) No person for the purpose of sale who has not first obtained a permit from the State of Texas, of the type required for the privilege exercised, may do any of the following within the City of Beaumont: (1) manufacture, distill, brew, sell, possess, import into this state, export from this state, transport, distribute, warehouse, or store any liquor or alcoholic beverage; (2) solicit or take orders for any liquor or alcoholic beverage; or (3) bottle, rectify, blend, treat, fortify, mix, or process any liquor or alcoholic beverage. (b) Upon payment of the applicable tax or fee described in this Chapter to the City, a qualified applicant will be issued a permit or license to engage in business involving alcoholic beverages as authorized by the permit or license from the state held by such applicant; and the permit so issued by the city shall authorize the conduct or license of such business upon the premises described in the permit or license from the state and shall remain in force only so long as such permit or license from the state remains in force. (c), For purposes of this chapter, "alcoholic beverage," "beer," "liquor," and other terms have the definitions contained in the Texas Alcoholic Beverage Code, as amended. Section 2. That Chapter 3, Section 3-2, be and the same is hereby amended to read as follows: Sec. 3-2. Application for permit or license; issuance. Any person desiring a permit or license under this chapter shall make application therefor to the City. Upon receipt of satisfactory evidence that the applicant has been duly liconsed by the state and the applicant meets all zoning and other city requirements, a permit will be issued. A separate permit will be required for each location. Section 3. That Chapter 3, Section 3-3, be and the same is hereby amended to read as follows: Sec. 3-3. Fees. (a) There are hereby prescribed and levied annual occupation taxes or permit fees upon persons carrying on the business of manufacturing,distributing ordealing in alcoholic beverages, as described in this chapter, an amount not to exceed one-half of the taxes or fees levied upon such business by the state. (b) The holder of a state retail dealer's on-premises late hours license shall pay to the city, before exercising any privilege by virtue of such late hours license, a fee not to exceed one-half of the annual state fee for such late hours license. (c) All taxes or fees shall be paid in advance for one year for each place of business. Section 4. That Chapter 3, Section 3-4, be and the same is hereby amended to read as follows: Sec. 3-4. Renewal of permit or license. Each person owning a permit or license issued under the terms of this chapter may, by written application filed with the city not more than thirty (30) days prior to the date of the; expiration of a license held by him, renew such permit or license so held by him. Such renewal accompanied by the prescribed fee, not to exceed one-half of the annual state fee, shall be processed in accordance with the procedures as established by the city. Section 5. That Chapter 3, Section 3-5, be and the same is hereby repealed. Section 6. That Chapter 3, Section 3-7, be and the same is hereby amended to read as follows: Sec. 3-7. Cancellation of permit or license for violation. (a) If any manufacturer, distributor,or dealer in the city shall violate any provision of this chapter or of the state law applicable thereto, the city council, after due hearing, shall have the right to cancel the permit or license of such offender, after which he shall not manufacture, distribute, or sell alcoholic beverages in the city for one year after cancellation. (b) The cancellation of a license applies to the premises, as well as the person. No new permit or license may be issued under this chapter pertaining to the premises or the person(s)against whom a cancellation order is issued by the city council, for one year from the date of cancellation. Section 7. That Chapter 3, Subsection 3-8(a), be and the same is hereby repealed and a new subsection 3-8(a) added, and Subsections (b), (c) and (d) amended to read as follows: Sec. 3-8. Hours of operation; adoption of hours provided by state law; days prohibited for package store sales and delivery. (a) The City of Beaumont is hereby designated as an "extended hours area," and the times permitted for consumption and possession of alcoholic beverages defined by §105.06 of the Texas Alcoholic Beverage Code (as amended) are hereby adopted and made effective in the city. (b) The hours prescribed by §105.05 of the Texas Alcoholic Beverage Code (as amended) for the sale of beer are hereby adopted and made effective in the city. (c) The hours prescribed by §105.03 of the Texas Alcoholic Beverage Code (as amended)for the sale of mixed beverages are hereby adopted and made effective in the city. (d) It shall be unlawful for holders of package store permits as provided in the Texas Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor: (1) Between 9:00 p.m. of any day and 10:00 a.m. of the following day; (2) On Sunday; (3) On New Year's Day; (4) On July fourth; (5) On Labor Day; (6) On Thanksgiving Day; (7) On Christmas Day; (8) On the following Monday when Christmas Day or New Year's Day falls on a Sunday. Section 8. That Chapter 3, Section 3-10, be and the same is hereby amended to read as folllows: Sec. 3-10. Proximity of dealer to schools or churches. (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is within: (1) three hundred (300) feet of a church, public or private school; (2) within one thousand (1,000)feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) within 1000 feet of a day care center or child care facility, as those terms are defined by § 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in §§109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. Section 9. That if any section, subsection, sentence, clause, or phrase of this ordinance, orthe application of same to a particular set of persons or circumstances should for any reason be! held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 11. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 13th day of February, 2007. ` 1111 - Mayor Pro Tern Nancy Beaulieu - 1111