Ord. 0531 12-22-86ORDINANCE NO. 531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RESTRICTING THE SALE OF CERTAIN ALCOHOLIC
BEVERAGES FOR ON -PREMISE CONSUMPTION TO LOCATIONS WHERE
SUCH SALE IS INCIDENTAL TO FOOD SALE OR HOTEL OR MOTEL
PURPOSES; REQUIRING THE FILING OF SALES TAX AND ALCOHOLIC
BEVERAGE TAX RETURNS WITH THE CITY FOR VERIFICATION;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, recent case law in Texas and throughout the United
States has placed a heretofore non-existent duty upon owners of estab-
lishments where alcoholic beverages are sold for consumption to ensure
that patrons do not leave their premises in an intoxicated state, in
order to avoid liability for the acts of intoxicated patrons; and,
WHEREAS, it is recognized by the City Council that restricting
the sale of alcoholic beverages for on -premise consumption to
locations where such sale is incidental to either the sale of food or
the operation of a hotel or motel will significantly reduce such
potential liability, as well as reducing the potential risk to
citizens from the acts of such intoxicated patrons; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. No person shall sell, store, or otherwise handle for
the purpose of sale, or engage in the business of selling, storing, or
otherwise handling for sale any alcoholic beverages in the city, other
than beer, for on -premise consumption, except in a location where such
activity is either incidental and secondary to use on the same
premises for hotel or motel purposes, or where incidental and
secondary to the sale of food for human, consumption, which shall be
construed to mean that at least fifty (5O) per cent of gross receipts
shall be from food sales.
Section 2. All establishments engaging in the sale of alcoholic
beverages, other than beer, for on -premise consumption within the City
of Pearland on or after January 1, 1987, including private clubs,
shall submit to the City Manager sworn copies of all state tax returns
and state alcoholic beverage tax returns filed by said establishment,
together with an executed release authorizing the City to verify, at
City expense, such returns with appropriate state agencies. Upon
request of the City Manager, such establishments shall also supply
receipts from suppliers for further verification. Required returns
and receipts shall be submitted to the City Manager on or before March
31 for each calendar year preceding, except where a different tax
return year applies to the establishment, in which case required
returns and receipts shall be submitted no later than the ninetieth
(90th) day following the expiration of such tax return year.
Section 3. Any person, firm or corporation who violates or
fails to comply with the requirements or provisions of this ordinance
shall be deemed guilty of a misdemeanor, and shall, upon conviction by
a court of competent jurisdiction, be punished by fine of not less
than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00),
and each and every day such violation or failure to comply shall
continue to exist shall constitute a separate and distinct offense.
Section 4. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by a 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. It is the intent of the City Council of the City of
Pearland, Texas, that this ordinance shall be codified into the City's
official Code of Ordinances, and specifically within Chapter 4
thereof; to accomplish the same, the codifier may, at his discretion,
renumber any or all sections of this ordinance within such Code.
Section 6. The City Secretary shall cause this ordinance, or
its caption and penalty, to be published in the official newspaper of
the City of Pearland, Texas, at least once within ten (10) days after
the passage of such ordinance. This ordinance shall then become
effective ten (10) days from and after its publication, or the
publication of its caption and penalty, in the official City
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newspaper.
PASSED AND APPROVED ON FIRST READING this the
day of ems,., 1A1- -1 , A. D., 1986.
Mayor
ATTEST:
Citcretary
PASSED AND APPROVED ON SECOND AND FINAL READING this
day of 0422-c-t,,,,442./ , A. D., 1986. fl
ATTEST:
�City S retary
APPROVED AS TO FORM:
C ty rne/�'
02 old
Mayor
VOTING RECORD (FIRST READING) DECEMBER 8, 1986
Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, Bost, and Mack.
Voting "No" - None.
VOTING RECORD (SECOND READING) DECEMBER 22, 1986
Voting "Aye" - Councilmembers Mack, Bost, Frauenberger, Tetens, and Roberts.
Voting "No" - None.
PUBLICATION DATE: DECEMBER 31, 1986
EFFECTIVE DATE: JANUARY 10, 1987
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.
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