RE 09-26-89.2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 092689.2
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, RECOMMENDING THAT THE
TEXAS MUNICIPAL LEAGUE SUPPORT THE LEGISLATIVE CHANGES EMBODIED IN H.B.
2267 AN~ H.B. 2268 DURING THE 1991 REGULAR LEGISLATIVE SESSION RELATIVE
TO A CITY'S AUTHORITY TO EXERCISE ITS ZONING POWER OVER PREMISES OR
BUSINESSES REQUIRED TO HAVE A LICENSE OR PERMIT UNDER THE ALCOHOLIC
BEVERAGE CODE FOR THE ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1.
That the Board of Directors of the Texas Municipal League is hereby
urged to support the legislative changes embodied in the attached H.B.
2267 and H.B. 2268 during the 1991 Regular Legislative Session.
SECTION 2.
This resolution shall become effective immediately upon its
passage.
DULY P~SED by the Ci~ Cpunc}l of the City of Coppell, Texas, on
THE CITY OF COPPELL, TEXAS
ATTEST:
C~Y S~CI~ETARY
APPROVED AS TO FORM:
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TEXAS LEGISLATIVE SERVICE HB 2267
3/9/89
FLed by IVl~chant and Sbe~
10-13-20--5 --340 A Blt~ TO ~
2 relating to the eu~hority of · municipality to adopt as zoning
3 regulations applicable to certain businesses,
4 BE IT EI4Ac~EDBY THE LEGISLATU~EOF~ltE STAT~ OF TZXAS:
5 SECTION 1. Subchapter A, Local Government Code, t· ~or~led
6 by adding Section 211.003S ~o road a· follows:
7 Sec. 211,0035, ZONING REGULATIONS: BUSINESS AT WHICH
8 ALCOHOLIC BEVERAGES CONSUMED The 9overning body of
9 municipality has exclusive ·uthorityt irrea]~ctiv· of any provision
10 of the Alcoholic Beverage Co,et to en·c~ 'zoning regulations
11 applicable to premises or businesses required to have · license or
12 permit under the Alcoholic ~evera~e Co~o for the on-pre,lees
13 consumption of alcoholic beverages.
14 {b) Tho Zoning regulations may include provisions that:
15 {1) define the principal uses of the ~remises or
16 businessj
17 (2) require that · specified ratio between the sale of
18 food and the sale of alcoholic beverages ho established and
1~ ma·nra)ned; or
21 reports substantiating compliance with the ·oninq regulations
22 applicable to the principal uses.
23 (c) The regulation of alcoholic beverages~ other than
24 matters regulated pursuant to the zoning authori~¥ of
1 municlpality~ Is exclusively governed by tho Alcoholic ~vera~o
2 Code. In the event of I conflict b~tweon · re~ulation or
3 re~uirement enacted~urnuant to & ~unicipal zoning ordinance znd ·
4 re~ulation or re~uiroment under the Alcoholic Beverage Codl,
5 m~ost stringent apPlies.
6 SECTION 2, Thin Act takes effect September 10 1989,
? SECTION 3. The i~port·nce of this legislation end the
8 crowded condition of the calend·re in b~th house· create
9 emerqency ·nd ·n l~perative ,public necessity that the
10 constitution&l rule requiring bills to bo road on throe ·evmral
11 days in each house be ausp~nded, and this rule is hereby suspended.
TEXAS LEGISLATIVE SERVICE 'He 2268
3~9~89
Filed by Marchant and Shes
10-5 -13-20--322 A BXL~ TO BE Eh'TITLED
! AHACT
2 rel&txng to r. he aur-hority of governmental antit~ee to ~:lopt seeing
3 or other regal&lions applicable to certain business
4 BE IT ENACTED BY ~ LEGISLATURE OFT HE STATE Or TEXAS=
$ SECTION 1. Sections 109~57(c) and (d). Alcoholic Beverage
6 Code, ere amended to reed al followe:
7 (c) This section does not affect ~he validity or invalidity
8 of a regulation, charter, or ordinance ~hmt was £tnmlly enacted
9 before June 11, 1987, or any mmendmant to that re~ulationf chartarf
10 or ordinance that is enacted on or after Septembmr 1, 1989f
11 eJfeeliva--dale--ef--~ke--Am%-eddtel-tkie-eee~ee~l®-~k*e-eedeJ ~nd
12 that is othe~iea valid.
13 (d) This section dole not effect ~he au~hority of m
14 goverrtuental entity to regulate, in a manner as otherwise permitted
15 by law, the location of:
15 (1) · massage parlor, nude modeling studio, or other
17 sexually oriented business; or
18 (2) an eetablxeJvnen~ ~at d~ivee any ~wrt of xes
!? pe~ee~-=eF--eere--eJ--tk~--eatebtiehmen*~l glOSS revenue from
20 on-premise male of alcoholic beverages.
21 SECTION 2. Thxe Act takes effect September 1, 1989.
22 $~CTION 3. The importonce of this legislation and the
23 crowded condition of t. ha calendars in both house create an
24 emergency and In imperative public necessity that the
1 constitutional rule requiring bills to be reed on three several
2 days in each house be suspended, end thio rule la hereby suspended.
The City With A Beautiful Future 214-462-0022
October 10, 1989
Frank J. Sturzl, Executive Director
Texas Municipal League
Board of Directors
211 East Seventh, Suite 1020
Austin, Texas 78701 3282
Dear Mr. Sturzl:
Enclosed please find a copy of Resolutiou 092689.2 passed and approved
by the City Council of the City of Coppell on September 26, 1989,
recommending that the Texas Municipal League support the legislative
changes embodied in H.B. 2267 and H.B. 2268 during the 1991 ~egular
Legislative Session.
Should you have any questions, please let me know.
Sincerely,
Dorothy T~nmons
City Secretary
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