HomeMy WebLinkAboutOrdinance No. 2012-17 (Title: An ordinance amending regulations pertaining to distance restrictions for the
location of alcoholic beverage sales in order to be consistent with state law.)
ORDINANCE NO. 2012-17
AN ORDINANCE AMENDING SECTION 6-6 OF THE
CODE OF ORDINANCES OF THE CITY OF
FRIENDSWOOD, TEXAS, TO PROVIDE FOR
CONSISTENCY BETWEEN CITY REGULATIONS AND
STATE LAW PERTAINING TO DISTANCE
RESTRICTIONS FOR THE LOCATION OF ALCOHOLIC
BEVERAGE SALES; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code grants authority to
the governing body of an incorporated city to enact regulations prohibiting the sale of alcoholic
beverages whose place of business is within certain prescribed distances of churches, public or
private schools, or public hospitals; and
WHEREAS, such statute provides for the method by which a distance measurement in a
regulation enacted by an incorporated city shall be determined; and
WHEREAS, the City of Friendswood wishes to amend Section 6-6 of the Code o
Ordinances in order to provide for consistency between such Section and Section 109.33 of th
Texas Alcoholic Beverage Code as it pertains to the method by a distance measurement shall b
determined between a place of business where alcoholic beverages are sold and public schools;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance aze
hereby found to be true and correct.
Section 2. Section 6-6(b) of the Code of Ordinances of the City of Friendswood,
Texas shall hereafter read as follows:
A �� F
"(b) For the purposes of this section, 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 a direct line
across intersections. The measurement of the distance between the place of business where
alcoholic beverages are sold and the public schools shall be in a direct line from the property line I
of the public school to the property line of the place of business, and in a direct line across
intersections."
Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Friendswood, Texas declares that it would have passed each and every
part of the same notwithstanding the omission of any and every part of the same notwithstanding
the omission of any such part thus declared to be invalid or unconstitutional, or whether there be
one or more parts.
PASSED AND APPROVED on first reading this 6th day of August , 2012.
PASSED, APPROVED, AND ADOPTED on second and final reading this 10`h day
of September,2012.
Kevin M. and
Mayor
ATTEST:
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Melinda Welsh, TRMC r t�
City Secretary
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Ord 2012-17 2