HomeMy WebLinkAboutORD 1122 - ORD Amending Chapter 4 Effective Date Novv 28,1978
ORDINANCE NUMBER 1122
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AN ORDINANCE AMENDING CHAPTER FOUR, IN ITS ENTIRETY"
OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVER-
SITY PLACE, TEXAS; AND PROVIDING AN,EFFECTIVE DATE
OF NOVEMBER 28, 1978.
BElT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the City Commission ha$ been made aware of amend-
ments to the revision of the Texas Liquor Control Acts (Arts. 666-1 through
667-33, Vernon's Texas Penal Auxiliary Law), 'which has been reclassified by
the Legislature as the Alcoholic Beverage Code of the State of Texas.
Section 2. That the City Commission is aware that it has been
given the authority, under said A1coho1ic,B~verage Code, to regulate, among
other things, the hours of sale, consumption, the locations, the license to
sell and distribute, and the issuance of a permit for the sale of mixed
beverages, wine or beer within the corporate limits of the City.
Section 3. Chapter Four of'the, Code of Ordinances of the City of
West University Place, Texas, is hereby amended so that hereafter said section
shall read as follows:
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"CHAPTER FOUR
ALCOHOLIC BEVERAGES
Section 4.1
Definition
For the purposes of this Chapter, all definitions
of words, terms, and phrases, as set forth in the
Texas Alcoholic Beverage Code are hereby adopted
and made a part hereof.
Section 4.2 Hours of Sale: Mixed Beverages
It shall be,un1awfti1 for any person who owns,
operates, manages or is in charge of any place,
either personally or by agent, servant or employee,
or for any agent, servant or employee of such per-
son to permit the sale of any mixed beverages
under a permit issued by the City of WestUniver-
'sity Place, Texas, at any time not permitted by
this Section.
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a. A mixed beverage permitee may sell
and offer for sale' mixed beverages between-
7:00 a.m. and midnight on any day except
Sunday. On Sunday he may sell mixed beverages
between midnight and 1 :00 a.m. and between
noon and midnight.
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b. A holder of a .mixed beverage late
hours permit may also sell and offer for
sale mixed beverages between midnight
and 2:00 a.m. on any day.
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Section 4~3 Hours of Sale: Wine and Beer
It shall be unlawful for any person who owns,
operates, manages or is in charge of any place,
either personally or by agent, servant or employee,
or for any agent, servant or employee of such person
'to permit the sale of any wine or beer under a per-
mit issued by the City of West University Place,
Texas, at, any t'ime not permitted by' this Section.
a. A person may sell, offer for sale or
deliver beer or wine between 7:00 a.m.
and midnight on any day except Sunday.
On Sunday he may sell beer or wine between
midnight and 1 :00 a.m.' and: between noon
and midnight.
b. 'A holder of a retail dealer's on
premises late hours license may also sell,
offer for sale and deliver beer or wine
between midnight and 2:00 a.m. on any day.
It shall be unlawful for any person who owns, operates,
manages or is in charge of 'any place, either personally
or by agent, servant or employee, or for any agent,
servant or employee of any such person holding a
mixed'beverage permit, wine or beer permit allow
the consumption of any alcoholic beverage at their
permitted location at any time or times other
than those specified in Section 4.2 and Section 4.3
of this Code.
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Section 4.4 Consumption of Mixed Beverages, Wine or Beer
Section 4.5 Lewd, Immoral, Indecnet Conduct
It shall be unlawful for ariy person authorized to
sell beer at retail, his agent, servant or employee,
to engage in or permit conduct upon the premises of
the retailer which is lewd~ immoral or offensive
to public decency, including but not limited to,
any of the following acts:
1. the use of loud and vociferous or
obscene, Vulgar' or indecent language
, or Qermitting its use;
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2. the exposure of'person or permitting a
person to expose his person;
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3.
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rudely displaying,or permitting a person "-~:~~W:
to rudely display a pistol or other deadly
weapon in'a manner calculated to disturb
'person in the retail establishment;
4.
solicitation,of'anyperson for coins to
operate a musical instrument or other
device;
5. Solicitation of any person to buy drinks
for consumption by the retailer or any of
his employees;
6. becoming intoxicated on the licensed
, premises or permitting an intoxicated
person to remain on the licensed premises;
7.permittinglewd'or'vulgar entertainment
or acts;
8. permitting solicitations of persons for
immoral or sexual purposes;
9~ failing or refusing to comply with:state
or municipal health or sanitary laws or
ordinances, or
10. possession of a narcotic or any equipment
used or, designed for the administering
of a narcotic or permitting a person on
the licensed premises to do so.
Section 4.6 Location Restricted
It shaill,be unlawful for any person to sell or engage
in the business of selling intoxicating liquor or
beer within the city, where the place of business
of such person is situated within three hundred
(300) feet of any church, public school, hospital
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 4.7 License to Manufacture, Sell, Distribute, etc.
No person shall manufacture, sell, distribute or
store any intoxicsting liquor, malt liquor or other
alcoholic beverage, or engage in any other activity
with relation to the same for which a permit is
required by the Alcoholic Beverage Code with1n
the City, without first obtaining a license so to
do from the City. The fee for, such, license shall
be an amount equal to one half (1/2) the permit
or license fee charged by the state under the
Alcoholic Beverage Code.
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Section 4.8 Prerequisites ,to ' Issuance of Permit
No permit required under:the terms of this Chapter
shall be, issued to'any,person until he shows that he
holds a state permit for the particular phase
of the liquor traffic iri:which he desires to engage
in'the City' and until the fee'required by said
City for such permit has been 'paid to the City
Treasurer.
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Section 4.9 Duration of Permit
All permits~issued under the terms of this article
shall expire at:the: time shown,in the state permit
~resentedby the 'applicant arid 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 exacted and collected;
however, a fractional part of any month shall be
counted as month iri calculating the ,fee which
is to be,paid."
Section 4; This Ordinance' shall, take' effect and be in force from
and after November 28, 1978.
PASSED AND APPROVED this 27th day of November 1978.
Commissioners Voting Aye: All
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Commissioners .Voring No:
None
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Mayor
ATTEST:
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Assistant City Secretary
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