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Home My WebLink AboutORD 254 Prohibiting the Sale of Beer Between Certain Hours Jllli[ n I L~ I. J w ORDINANCE NO.-22.4._ AN ORDINANCE PROHIlJITING THE SALE OF BEER BETWEEN CERTAIN I ! HOURS !fJITHIn THE CORPORATE LDJIITS OF TIlE CITY OF iNEST UNIVERSITY - PL...t!cE i PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES BETWEEN CERTAIN HOURS AT CERTAIN DESIGNATED PLACES VITTHIN THE CORPORATE LDLITS OF THE CITY OF TNEST UNlVERSI TY PLACE; PROVIDIJ\T(} A PENALTY; PROVIDING FOR REVOCATION OF BEER A1IDjOR ALCOHOLIC BEVERAGE LIC- ENSES ISSUED BY THE CITY OF 'ATEST UNIVERSITY" PIA CE; DEFI I\1J:NG TErnES; RSPEALING ALL ORDINANCES OR Im.RTS OF ORDINANCES IN CO NFL lOT HERE- WITH TO THE EXTENT OF SUCH CONFLICT ONLY; FIXING TEE EFFECTIVE DATE; AND PROVIDING A SAVING CLAUSE. ****************** BE IT ORDATNED BY THE CITY COR'lMISSION OF THE CITY OF W.EST UNIVERSITY PLACE, TEXAS: Section 1: DEFI~rrTIONS: For the purpose of this ordin3nce the following definitions shall apply: (a) The term "beer" shall mean a malt beverage containing one-half of one per cent or more of alcohol by volume and not more .than four per cent of alcohol by weight, and shall not be inclu- sive of any beverage designated by labels or otherwise by any other name than beer. (b) The term "person" shall mean and refer to any natural person or association of na.tural persons, trustees, receiver, part- nership, corporation, organization, or the manager, agent, servant, or employee of any of them. (e) The term tlalcoholic beveragetf shall mean alcohol and' any beverage containing more than one-half of one per cent1.6f alcohol ' by volume which is capable of use for beverage purposes, either alon~ or when diluted. --, ) I L- (d)' The term tlwinell shall mean the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, and/or berries, and containing more than one-half of one per cent of alco- hol by volume. (e) The term Ilpremisefl or "premisesll shall mean the grounds as well as all buildings, vehicles and appurtenances pertaining thereto, and also shall include any adjacent .premises, if directly or i.mm.edia tely under the control of ti-::.e same person. (f) The term "public dance hallll shall be taken to mean any room, place, space, or building where a ~ublic dance is held or con- ducted. (g) The term ltpul;llic dance 11 or It public ball II shall be taken :,:,. I to mean any dance or ball to which admission can be had by payment ~ of a fee, or by the purchase, possession or presentation of a I i I i - ] 45 ticket or token, or in wh ich a charge is IDa de for caring for cloth- ing, or any other dance t,o which the public generally may gain ad- mission with the payment of a fee directly or indirectly, or with- out paYI(lent of a fee, but shall not be taken to mean or incILude any dance given at "iny hOIDeor any dance give,n or held by a bona fide club, admission to which is granted to members and their invited guests, and from which the general pUblic is excluded. (h) The term Ilpublic house of amusement" shall mean any and all building~, tents and other structures' constructed, fitted and equip- ped for the purpose of circuses and lor theatres, commonly called :theatres, or by whatever name designated, 'which a're a ndshall here- after be used for pulblic performances, the production and exhibition of plays, dramas, operas and other shol'116 of whatever nature to which admission fees are charged. Section 2: PROHIBITING HOURS OF SALE: It shall be, unlawful for any person to sell beer, or offer same for sale, within the corporate limits of the City of West University Place between the hours of one o'clock A. M. and seven o'clock A. m. of any day, and it shall further be unlawful for any person, whose principal busi- ness is the sale of wine and/or beer, to sell either of them or 'offer same for sale between the hours of one o'clock A. M. Sunday and seven o'clock":.. M.. Monday next following. The sale of \vine and/ or beer shall be deemed to be thetlprincipal business" of such per- son when such sales of wine and/or beer shall amount in dollars and and cents to more than the amount of sales of food and other commodi- ties for human consumption sold by such p3rson during such hours. Sect~on 3: RESTRICTIONS ON CONSlThffPTION: It shall be unlawful between the hours of one 0' clock A. M. and seven 0 T clock A. M. of any day for any person to comsume any alcoholic beverage at any of the hereinafter designated places within the corporate limits of the City of Vfest University Place, or for any person who owns, operates, manages or, is in charge of any: such place or places, either person- ally or by agent, servant or employee, or for any agent, servant or employee of ahy such person to permit the consumption of any alcoholic beverage at any of the hereinafter designated places within the cor- porate limits of the City of West University Place, to wit: (a) On the premises of any person holding or required to have a license under and .by viture of'the Texas Liquor Control Act and/or the ordinances of the City of West University Place. (b) Any restaurant, cafe or eat i ng establishment. ( c ) Any public dance hall. (d) , Any public house of amus erne nt . (e) Any public street, park, place or thoroughfare, rail'way, interrurbanor bus station, terminal or depot. Segtion4: PENALTY:; Any~erson who shall violate any progi- sion o~ nrovisions of thls.or~~nance shall be deemed guilty of a misdem.e~anor, and upon conVlC tlon shall be punished by a fine of not I ' iIHHi!. !] 11 :.;;:.,. ~6 more than One ~!undred ($100. 00) Dollars, and in addition thereto the City Commission of the City of West University Place may re- voke the license theretofore issued by the City of West Univer- .U!. sity Place to such person for the sale of beer and/or alcohol~c beverages, after giving such person ten days written notice of a hearing, and after holding such hearing for the pn~pose of de- termining whether or hot such license shall be revo~ed~ Section 5: ~EF3AL CLAU33: All ordinances or parts of ordi- nances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6: EFFECTIVE DAT3.;: The City Commission finds that this ordinance, restricting the sale and consumption of beer and alcoholic beverages in the manner hereinabove provided, is nec- essary for ths protection of the health, peace, confort and safe- ty of the pUblic, and shall take effect immediately after its pass- 'age and aPRroval and the advertising of the caption hereof, as re- qui~ed by 0harter. $ection 7: SAVING CLAUS3: If any section, subsection, sen- . tence, clause or phrase of this ordinance is for any reason held to be unaonstitutional, void, or invalid, the validity of the re- . maining portions of this ordinance shall not be affected thereby, it being the intent of the City Cornmission of the City of '.Vest Uni- versit y Pla ce in adopt ing and approving this ordinance that no por- tion hereof or provision or regulation contained herein shall be- come inoperative, or fail by reason of any unconsitutionality or J) I invalidity of any other portion, provision or regulation. -----1 Pa1sed and a:pproved this 11 day of January, .4.. D. 1943, by a vote OI 5 ayes. I' a~d',(~'t vlayor, vl y O~;,eS nlverSl y Place, ?exas. ATT~",ST: 4t:t(/fiv~ · Ci Secretary " u