HomeMy WebLinkAboutORD 450 -ORD Levy & Collection of Fees & Issuance of Permit
133
ORDINANCE NO. 450
-.-J
LIQUOR REGULATION ORDINANCE
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF FEES
AND THE ISSUANCE OF PERMITS BY THE CITY OF'1JjEST UNIVERSITY
PLACE, TEXAS, TO PERSONS ENGAGED IN THE VARIOUS PHASES' OF
THE LIQUOR TRAFFIC: MAKING. IT UNLAWFUL FOR ANY PERSON TO
SELL OR TO ENGAGE IN THE BUSINESS OF SELLING INTOXICATING
LIQUOR WITHIN THE CITY OF WEST UNIVERSITY PLACE"TEXAS,
WHERE THE PLACE OF BUSINESS OF SUCH PE..i.SON IS WITHIN 300.
'FEET OF ANY CHURCH, SCHOOL, OR OTHER EDUCATIONAL INSTITU-
TION: AND FIXING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE CI'rY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS.:,
~'. ." t,,1 ", ~
J / .....
Section J.. Definitions,. All de;fini tions of words,;.'terms; and phrases
as set forth in, the Texas Liquor Control Act are hereby adopted and made a part
hereof.
Section 2. . Wholesaler', s Permit. There is hereby levi,ed on every
person who purchases liquor from persons authorized by law to manufacture and
to sell the same in this state, or who imports such liquor from points outside
the State, and who sells the same atowholesale to holders of permits in this
state, in the City of West University Place, Texas, an annual permit fee of
$625.00, and upon the paymerLt'of ,said fee the City of West University Place,
TE3xas, will issue to such person what is known~as a. wholesaler's permit, as
defined by the Texas Liquor Control Act.
Section 3. Beer and Wine. Wholesaler's Permit. There is hereby levied
, on every person who purchases malt and vinous beverages containing alcohol
in excess of four per cent (4%) by weight from brewers, wiperies, and wine
manufacturers holding permits in this state, or who. imports such liquors from
other states, and who sells the same at wholesale only to holders of permits
in this state authorized to purchase and receive the same, an annual permit
fee of $50.00, which said permit shallautl;orize the holder thereof to bottle,
package or label wine purchased from wineries or wine manufacturers either with-
in or without the state, and likewise to sell and deliver such liquor to persons
outside the state, and upon the payment of the fee aforesaid the City of West
University Place, Texas, will issue to such person what is knmvn as'a beer
and wine wholesaler's permit, .as defined. by the Texas Liquor Control Act.
:
Section 4. Package Store Permit. vVhereas, the City of West University
Place, Texas, has a population of under 25,000 inhabitants according to the
last preceding federal census, now, therefore, there. is hereby levied on
every person who purchases liquor from the holders of winery, wholesaler's,
and beer and wine wholesaler's permits, and who sells such liquor at retail to
consumers7in unbroken packages only (and not for consumption on, at, or near
the premises where sold), in the City of West University Place, Texas, an
annual permit fee of $62.50, and upon the payment of said fee the City of
West University Place, Texas, will issue to such person what is knmvn as a
package store permit, as defined by the Texas Liquor Control Act; provided,
that the annual permit fee for a package store permit to sell wines only shall
be $12.50.
----'
1"' . .:1
------'
'---
, .......JL......LI
...... I
'~.
~"
:..r ..,. ..:
[3~
"
Section 5. Wine arid Beer Retailers Permit.. There is hereby levied on
every person who sells vinous and malt beverages, containing in excess of one-
half of one per cent (1%) a~d not more than fourteen per cent (14%) of J
alcohol by volume from broken packages or unsealed containers ,for consumption
on the premis es where sold in the City of Wes t Uni vers :ity Place, Texas, an' ,!
annual permit fee of $15.00, and upon the payment of said fee the City of
West University Place, Texas, will issue to such person what is known as a
wine and beer retailer's permit, as defined by the Texas Liquor Control Act.
Section 6.. State Permit Necessary. No permit required under the
terms of this Ordinance shall be issued to any person until he shows that he
holds a state permit for the particular phase of the liquor traffic in which
he desires to engage in the City of West University Place, Texas, and until the
fee required by said city for such permit has been paid to the City Treasurer
of the City of West University Place, Texas.
Section 7. Expiration of permits. All permits issued under the
terms of this ordinance shall expire at the time shown in the state permit
presented by the applicant and shall terminate at midnight on the 31st day of .
August next succeeding. If the permit sought is issued for a period of. time
less than one year, only a proportionate part of the annual fee shall be ex-
acted and collected, provided, however, a fractional part _~f any month shall be
counted as one month in calculating the fee which is to be paid.
Section 8. -Location Restricted. It shall be unlawful for any person
to sell or engage in the business of sellihg intoxicating liquor within the,
, corporate limits of the City of Nest University Place, Texas, where the place
of busi.ness of such person is situated within 300 feet of any church, 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:irtt'ers.ecti6nsWhere'::.thei ::occur: ,.', " ," I '< ' '" '
!I
I
I
I.....J
Section 9. Penalty. Any person who fails to pay any: permit fee
prescribed in this ordinanae, or who fails to procure a permit as required
herein, before engaging ~n any business for which the payment of a fee and the
securing of a permit is required by the terms hereof, or who engages in any
such business without holding an unexpired and unrevoked permit from the City
of West UniVersity Place,- Texas,or,who, shall violate any of the other pro-
visions of this ordinance" shall be deemed guilty of a.misdemeanor, and, upon
conviction, shall be fined in an amount not to exceed $100.00. .
Passed, adopted and approved,. this the 14th day of February, 1949.
#-~.
'~~
',.
.r
ATrEST:
o
,
.iI