HomeMy WebLinkAboutOrdinance No. 91-33 ORDINANCE NO. 91-33
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 91-3, PASSED AND APPROVED THE 4TH DAY OF
FEBRUARY, 1991, BY STRIKING ALL OF SECTZONS 1 AND 2
TH R OF AND SUBSTITUTING THEREFOR NEW SEGTIONS 1 ANb 2
TO PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES BY A
DEALER WHOSE PLAC aF BUSINESS IS WITHIN 300 FEET O A
RESIDENCE; PROVIDING A PENALTY; PRQ DING FOR
SEVERABI ITYj AND CONTAINING OTHER PROVISIONS RELATING
TO THE susJ cT.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STAT OF T XAS:
Sectian . l. City of Friendswood, Texas, Ordinance No. 91-3,
passed and approved an the 4th day of February, 1991, is hereby
amended by striking all of Section 1 thereof, which provides as
follows:
(Section 1. It shall be unlawful to sell or offer
for sale any alcoholic bevarage from a place of
business which is located within three hundred feet
(300') of a church, public school, or public hospital.)
and substituting therefor the following:
Section 1. It shall be unlawful to sell or offer
for sale any alcoholic beverage from a place of
business which is located within three hundred feet
(300') of a church, public school, public hospital, or residence.
Section.2 . City of Friendswood, Texas, Ordinance No. 91-03,
passed and approved on the 4th day of February, 1991, is hereby
amended by striking all of Section 2 thereof, wh:lch provides as
fo .low :
(Section 3. For the purposes hereof the
measurement of the distance between the place of
business where alcoholic beverages are sald and the
church or public hospital sha].1 be along th property
Iines of the street fronts and from front door to fron
� door, and in direct line acro�s in�ersectians. The
measurement of the distance between tha plac� of
bueinesS where alcoholic beverages are sald and the
public schools shall be from the nearest property line
of the public school to the neares� doarway by which
�he public may enter the place of business, along
street lines and in direct line across intargections.
For any business where alcoholic beverages are sold
holding a parmi� or license covering a premise where
minors are prohibited from enterinq the premise� under
Section 109.�3, Texas Alcoholic Beverage Code, the
measur�men� of th� distance between the prem�ses and a
public $chaol shall be along the property lines of �he
�tireet frontis and from fron� door ta front doar, and in
a direct line across intersections. ]
and substituting therefor the followinq:
Seat�4n 3. F4�_ t�e pu�pOSeS he�eQ� th�
m�asurebent of th� distance b�tween th� �lace of
l�u�iness ����e a�coho��c beve�aaes are sold and th�
chur�h or public hospit�l__ sh�� be along ��e p�operty
lznes o� the street fronts and from fron� �oor Go front
�,oQrs a�d �„n a direct line across intersecti.ons� Th
m�asursm�n� of th� dis�ance b tween t�e place o�
busines� where alcoholic beverage� ax'� 8old and the
1�ublic �chools sha��� be from the nearest p�p�r�y ine
o� �h� public school to �h� ne�r�s doorway by which
., �J'Lpub�i� may enter the place of b�s�.ness, �lqllc�
street �,ines and in a direct line a�ross i1l�ersections
�'4�' any business where alcoholic beveraqe� ar� old
ho].ding a permi� or l,i�ens� verina a p���n�se where
}n nors are prohibited from entering the premi es under
���t,f on ].09, 5�, TeX � AlGOholl:c $eve�ge Code, th�
measurement of the distance between �he pr�mi�es and a
pub�iG school s1��i1 b� alonct the property lines of th�
street �ronts and from front do9r tv f 4rlt door, and in
� �1r��G lille � ross inte�sections The meas�r�m�n� Qf
the distance between the place 4� b�sine�� wheXe
��c9ho��G beverages are �old and a residence shall b
from th� nearest�roperty line of the re�fc��nce to the
ne�x��� dooxway by wh��h �he public may �nte� the plac�
oP businessf along street lines and in a dlrect ].i.n_g
across int$rsec�i.4ns.
��.,��. Any person who sha12 violate any provi�ion of
this Ordinance shall be deemed gui.lty of a misdemeanor and, upon
convic�ion, shall be fined in an amount not to exceed $2, 000.
�ach vialatian and each day of vfalation shall cons�itute a
separate offense.
-�2-
Sec�ion 4. Zn the event any section, paraqraph,
subd�vision, clausa, phrase, provision, sentenca, or par� of this
Ordinance or the application of the same to any person or
circumstance shall far any reason be adjudged invalid or held
unconstitutiana� by � court of competent jurisdiction, it shall
not aff�c�, impair, or invalidate this Ordinance as a whole or
any part or pravisions hereof orher than the part declared to be
invalid or unconstitutional and the City Council af the City of
Friendawood, Texas,. d�clares �ha� i� would have passed each and
every part of the sam� no�withstanding the omissfon of any such
part thus declared to be invalid or unconstitutfonal, or whether
there be one or more parts.
PASSED AND APPROVED on first reading this 18th day of
November 199 1.
,
s
PASSED, APPROV�D, ANO ADOPTED on second and final reading
th�s 2nd dc�x Of December � 1991.
�
aul W. Schrader,
Mayox
ATTEST:
Del.or s Archer, CMC
Gity Secratary
�3�