HomeMy WebLinkAboutOrdinance No. 88-18 ORDINANCE N0. 88-18
AN ORDINANCE PROVIDING FOR THE LEVY AND PAYMENT OF AN
ANNUAL FEE EQUAL TO ONE-HALF (1/2) OF THE STATE FEE
FOR A PEFMIT ISSUED TO SELL, MANUFACTURE, STORE, OR
DELIVER LIQUOR, WINE, OR BEER FROM PREMISES LOCATED
WITHIN THE CITY; REQUIRING THE DISPLAY OF A CURRENT
RECEIPT FROM THE CITY SHOWING PAYMENT OF EACH REQUIRED
FEE IN THE SAME MANNER REQUIRED OF THE STATE PERMIT
BEFORE COMMENCEMENT OF OPERATIONS ; PROVIDING
RESTRICTIONS ON LOCATION OF BUSINESS ENGAGED IN THE
SALE OF ALCOHOLIC BEVERAGES; PROVIDING THAT VIOLATIONS
OF SUCH ORDINANCE CONSTITUTE A MISDEMEANOR PUNISHABLE
BY A FINE NOT LESS THAN $10.00 AND NOT MORE THAN
$200.00 FOR EACH VIOLATION THEREOF; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWWOD,
STATE OF TEXAS :
Section l. Definitions. The words , terms , and phrases ,
for the purposes of this Ordinance, except where the context
clearly indicates otherwise, are as defined in Section 1.04 of
the Alcoholic Beverage Code of the State of Texas, and in
addition thereto "Tax Assessor and Collector" shall mean the
City Secretary of the City of Friendswood.
Section 2. Levy of Fee. There is hereby levied annually a
separate fee upon the holder of each and every state permit to
sell , manufacture, store, or deliver liquor, wine, or beer from
premises located within the City. Said fee shall be one-half
(1/2) of the charge made by the state for each state permit , or
the maximum amount permitted by law, whichever is greater.
Section 3. Separate Receipt, Expiration. For each fee
paid , a separate receipt shall be issued by the City, and each
such receipt and fee shall expire and terminate each year on
the expiration date of the said state permit .
Section 4. Commencement of Operation. Every person owing ,
operating , managing , or controlling any premises on which a
city fee is levied shall not commence operations under any such
state permit until the city fee has been paid, and the current
receipt issued by the City is displayed in the manner required
for display of a state permit.
Section 5. Location Restriction. No sale of spirituous ,
vinous , or malt liquors in any manner shall be legal or
permitted within three hundred feet (300') of any church,
playground, school , or other educational institution, the
measurements to be along the property lines of the street
fronts and from front door to front door and in a direct line
across intersections where they occur.
Section 6. Penalties. If a person required by the
provisions of this Ordinance to pay a fee imposed herein shall
fail to pay such fee or display a current receipt in the same
manner for the display of the state permit, such person shall
be deemed guilty of a misdemeanor and upon conviction be
punished by fine not less than $10.00 nor more than $200.00.
Each day such violation shall exist shall constitute a new and
separate offense.
Section 7. Repealer. All ordinances or parts of
ordinances inconsistent or in conflict herewith are , to the
extent of such inconsistency or conflict , hereby repealed.
Section 8. Severability. 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 such part thus declared to
be invalid or unconstitutional , or whether there be one or more
parts .
PASSED AND APPROVED on first reading this 5th day
of December , 1988.
PASSED AND APPROVED on second and final reading this 19th
day of December , 1988.
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Alcohol ordinance
Mayor Paul W. Schrader
ATTEST:
City Secretary .
Deloris McKenzie , CMC
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