Ord. 0531-1 2009- 07-13ORDINANCE NO. 531-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 4, ALCOHOLIC
BEVERAGES, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
FOR THE PURPOSE OF ALLOWING SALES OF ALCOHOLIC
BEVERAGES IN CERTAIN NONCONTIGUOUS AREAS BY MIXED
BEVERAGE PERMIT HOLDERS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 4, Alcoholic Beverages, of the City of Pearland Code
of Ordinances, is hereby amended to AMEND Section 4-2, entitled Late hours for
consumption, sale, service, to read as follows:
"Sec. 4-2. Late hours for consumption, sale, service.
It shall be unlawful for the holder of a retail dealer's on -premise late hours license to sell
or offer for sale alcoholic beverages, or for the holder of a private club late hours permit
to allow persons to consume or be served alcoholic beverages between the hours of
2:15 a.m. and 12:00 noon on Sundays and between the hours of 2:15 a.m. and 7:00
a.m. on all other days."
Section 2. That Chapter 4, Alcoholic Beverages, of the City of Pearland Code
of Ordinances, is hereby amended to ADD Section 4-5, to be entitled Sales in
noncontiguous areas, to read as follows:
"Sec. 4-5. Sales in noncontiguous areas.
A mixed beverage permit holder who holds a food and beverage certificate may
designate as part of the permit holder's premises a secured noncontiguous area located
on a public sidewalk adjoining the premises, so long as the area so designated meets
the following requirements:
(a) the area does not encroach upon any dedicated public right-of-way or portion
thereof;
(b) the area is separated from the permit holder's premises only by a sidewalk or
portion of a sidewalk which is adjacent to said premises; and
(c) the area is directly across the adjoining sidewalk from the permit holder's
premises and does not reduce or obstruct the road frontage of any establishment
located adjacent to the permit holder."
ORDINANCE NO. 531-1
Section 3. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall cause
this Ordinance, or its caption, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption, in
the official City newspaper.
2
ORDINANCE NO. 531-1
PASSED and APPROVED ON FIRST READING this the 13th day of July, A. D.,
2009.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 27th
day of July, A. D., 2009.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
-)411_.)
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
JULY 27, 2009
Voting "Aye" - Councilmembers Owens, Sherman, Kyle,
Saboe, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: July 29, 2009
EFFECTIVE DATE: August 7, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. / Date 7 19 20
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this day o
20G�
,e ..Si-046; ate :0111'1:1.4 ...araAia?aril'
.
LAURA ANN EMMONS
Notary Public, State of Te
My Commission Expires 0 09`
CFO
aura nn Emmons, Publis
Notary Public, State of Texas
CCOr\CC \)o- 5r3 I
Published July 29, 2009
'ORDINANCE NO. 531.1
(AN ORDINANCE OF
THE CITY COUNCIL ,
OF THE CITY OF';
PEARLAND, TEXAS,
i AMENDING CHAPTER
1. 4, ALCOHOLIC BEV-
ERAGES, OF THE.
CITY OF PEARLAND
CODE OF ORDI-
NANCES, FOR THE
1 I
PURPOSE OF ALLOW.
ING SALES OF ALCO1 -
HOLIC BEVERAGES
IN CERTAIN NONCON 1
TIGUOUS AREAS BY
MIXED BEVERAGE
PERMIT HOLDERS;,
HAVING A SAVINGS
i CLAUSE, A SEVER;
•
ISI TOM REID
MAYOR
LEGALS
ABILITY CLAUSE,
AND A REPEALER
CLAUSE; PROVIDING
FOR PUBLICATION
CODIFICATION, ANE
AN EFFECTIVE DATE!
PASSED ant
APPROVED ON FIRST
READING thls the 13t1
day of July, A. D., 2009
PASSED . anj
APPROVED ON SEC
OND AND FINAI
READING thls the 27t1
day of July, A. D., 20091
I
ATTEST: '',
' ISI YOUNG LORFING,t
1 TRMC
' CITY SECRETARY i
APPROVED AS TO :I
FORM:
ISI DARRIN M. COKER
CITY ATTORNEY
, VOTING RECORD I
r SECOND AND FINAL
LREADING JULY2
t la -
.Voting "Aye" -
Councilmembers
Owens, Sherman, Kyle,
Saboe, and Cole.
2 I
j Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE:
July 29, 2009
EFFECTIVE DATE:
August 7, 2009
PUBLISHED AS'
— REQUIRED _BY SECj`
TION 3.10 OF THE •
CHARTER OF THE
CITY OF PEARLAND
TEXAS