OR 2006-1143 Amending Chapter 6 Alcoholic beverages
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2006-1143
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES BY
ADDING ARTICLE 6-16, ALCOHOLIC BEVERAGES;
PROVIDING FOR PROHIBITION OF THE SALE OF BEER IN
RESIDENTIAL ZONING DISTRICTS; PROVIDING
PROHIBITION OF THE SALE OF ALCOHOLIC BEVERAGES
WITHIN A SPECIFIED DISTANCE OF CHURCHES, PUBLIC OR
PRIVATE SCHOOLS, PUBLIC HOSPITAL AND OTHER USES;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE.
WHEREAS
, the City Council has determined that regulations are needed to
address alcoholic beverages, in conformance with rules promulgated under the Alcoholic
Beverage Code of the State of Texas; and
WHEREAS,
the City Council has determined that regulations needed are
intended to protect the public health, safety, morals and general welfare.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1.
That Chapter 6, Business Regulations, of the Code of Ordinances
is hereby amended by adding Article 6-16, Alcoholic Beverages, which shall read as
follows:
“ARTICLE 6-16 ALCOHOLIC BEVERAGES
Sec. 6-16-1 Purpose.
The purpose of alcoholic beverage regulations is to protect the
public health, safety and public welfare.
Sec. 6-16-2 General Requirements.
A. The sale of beer in residential areas or within residential zoning
districts is prohibited.
B. Where otherwise allowed, the legal sale of alcoholic beverages
as permitted for on-premise or off-premise consumption shall not occur
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after 12 midnight or before 7 a.m. except for on Sunday where such legal
sale shall not occur after 12 midnight or before 12 noon.
C. Alcoholic beverages shall not be sold by a dealer whose place
of business is within 300 feet of a church, public or private school, or
public hospital. This Subsection does not apply to the holder of:
1. A license or permit who also holds a food and beverage
certificate covering a premise that is located within 300 feet
of a private school; or
2.A license or permit covering a premise where minors are
prohibited from entering under Section 109.53 of the Texas
Alcoholic Beverage Code, as amended, and that is located
within 300 feet of a private school.
D. A private school may request from the governing body of
the city of Coppell that sales be prohibited within one thousand feet
(1,000’) of the property of said school.
E. The measurement of the distance between the place of business
where alcoholic beverages are sold and the church or public hospital shall
be along the property lines of the street fronts and from front door to front
door, and in direct line across intersections.
F. The measurement of the distance between the place of business
where alcoholic beverages are sold and the public or private school shall
be:
1. in a direct line from the property line of the public or
private school to the property line of the place of business,
and in a direct line across intersections; or
2. if the permit or license holder is located on or above the
fifth story of a multistory building, in a direct line from the
property line of the public or private school to the property
line of the place of business, in a direct line across
intersections, and vertically up the building at the property
line to the base of the floor on which the permit or license
holder is located.
G. Every applicant for an original alcoholic beverage license or
permit for a location with a door by which the public may enter the place
of business of the applicant that is within 1,000 feet of the nearest property
line of a public or private school, measured along street lines and directly
across intersections, must give written notice of the application to officials
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of the public or private school before filing the application with the Texas
Alcoholic Beverage Commission. A copy of the notice must be submitted
to the commission with the application. This subsection does not apply to
a permit or license covering a premise where minors are prohibited from
entering the premises.
H. The City Council may after a Public Hearing and a publication
of a notice ten (10) days prior to the Hearing in the official City
newspaper, allow variances to the regulation if it determines that
enforcement of the regulation in a particular instance is not in the best
interest of the public, constitutes waste or inefficient use of land or other
resources, creates an undue hardship on an applicant for a license or
permit, does not serve its intended purpose, is not effective or necessary,
or for any other reason, after consideration of the health, safety, and
welfare of the public and the equities of the situation, determines is in the
best interest of the community.
Sec. 6-16-3 Day Cares / Child Care Facilities.
Provisions of Section 6-16-2 relating to a public school also apply
to a day-care center and a child-care facility as those terms are defined by
Section 42.002, Human Resources Code for a permit or license holder
under Chapter 25, 28, 32, 69, or 74 who does not hold a food or beverage
certificate. This Subsection does not apply to a permit or license holder
who sells alcoholic beverages if:
1. The permit or license holder and the day-care center or
child-care facility are located on different stories of a
multistory building; or
2. the permit or license holder and the day-care center or
child-care facility are located in separate buildings and
either the permit or license holder or the day-care center or
child-care facility is located on the second story or higher
”
of a multistory building.
SECTION 2.
The meeting in which this Ordinance was passed was open to the
public as required by law.
SECTION 3.
That all provisions of the Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
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and all other provisions of the Ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 5. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
l4tYdayoif]~Y,2006
ATTEST:
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ROBERTE.HAGER,CI ATTORNEY
(REH/cdb 11/09/06)
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