Loading...
Ord. 0191 03-12-70limits of the City of Pearland to place or to possess any alcoholic consuming the same in such public Acts 1969, 61st Legislature, Regul ORDINANCE NO. 191 AN F ORDINANCE REGULAROF SESSION�,NCCHAPTERSADOPTING THE PROVISIONS 466, PAGE 1535, AMENDING OTHEACTS 969, TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON -PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMITTEES, AND TO CONSUMERS OF ALCOHO_ LIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL ACT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. WHEREAS, Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amends the Te as Liquor Control Act, to authorize the governing body of an incorporated city o ' town located in any county with a population of less than three hundred thousand 300,000) inhabitants according to the last preceding Federal Census, by ordinance adopt the extended hours during which alcoholic beverages may be lawfully cons u d in a Public place, and the extended hours during which beer may be lawfully sold on premises. in conformity with the provisions of such amendments to th- Texas Liquor Control Act; and • WHEREAS, the City of Pearland is located in Brazoria`County, State of Texas,which said county has a populatiiPn of less than three hundred thousand (300,000) inhabitants according to the ldst preceding Federal Census; and WHEREAS, the City Council of the City of Pearland desires to grant to Retail Dealers On -Premise Late Hours Licensees, Private Club Late Hours Permittees, and to consumers of alcoholic beverages the rghts and privileges provided for in the foregoing amendments to the Texas Liquor Act; NOW, THEREFORE BE IT ORDAIINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. It shall be lawful for any person within the corporate consume any alcoholi\beverage in a public beverage in a public place for the purpose of place during the extended hours granted by ar Session, Chapter 466, Page 1534, amending the Texas Liquor Control Act. Section 2. It shall be lawful for the holder of a Retail Dealers On - Premise Late Hours License within the corporate limits of the City of Pearland to sell beer or offer the same for sale during the extended hours by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amending the Texas Liquor Control Act. -1- Section 3. It shall be lawful for the holder of a Private Club Late Hours Permit within the corporate limits of the City of Pearland to permit persons to consume or be served alcoholic beverages during the extended hours granted by Act 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amending the Texas Liquor Control Act. Section 4. This Ordinance shall be effective and be in full force and effect after its passage and publication in the official newspaper of the City of Pearland, all in accordance with the laws of the State of Texas. PASSED AND APPROVED at a regular meeting of the City Council of the City of Pearland, at which meeting a quorum was present, on the first and final reading, the / , day of jy/r n'c;i-4 , 1970. • E-Toq-aY MAYOR, City of Pea ATTEST: City Secretary 4T..x Honorable Mayor and City Council, City of Pearland, Texas Re: Acts 1969, 61st Legislature, Regular Session, Chapter 4 6, Page 1535 - Liquor - Hours of Sale - Late Hours Permits. Gentlemen: Pursuant to your request of February 12, 1969, concerning the above referenced acts, I respectfully submit the following brief synopsis for your information and file. Section 1. Subdivision (1) Section 4 (C), Article I, Texas Liquor Control Act (Article 666-4, Vernon's Texas Penal Code) was amended to read that it shall be unlawful for any person in a county of less than 300,00 population, to consume alcoholic beverages in a public place or for any person to possess an alcoholic beverage in a public place for the purpose of consuming at any time on Sunday between the hours of 1:15 a.m. and 12 noon, and on all other days at any time between the hours of 12:15 a.m. and 7:00 a.m.; Except that the Commissioners Court of any county under 300,000 population, may by order adopt for the unincorporated areas of that county the hours prescribed here- after for counties of more than 300,000 population (Sec. 10, Article II Infra) and the governing body of any incorporated city or town °n any such county under 300,000 population, may by ordinance adopt the hours prescribed for counties of more than 300,000 population (Section 10, Article II Infra); violation of a Commissioners Court order or a city ordinance made under this subsection is punishable as a violation of this Act. It shall be unlawful for any person in a county of 300,000 or more population, to consume any alcoholic beverage in any public p':ace or for any person to possess any alcoholic everage in any public place for the purpose of consuming the same in such public place at any time or Sunday between the hours of 2:15 a.m. and 12 noon, and on all other days at any time between the hours of 2:15 a.m. and 7:00 a.m.. Section 2. Section 10, Article II, Texas Liquor Control Act, as ?hst amended by Seciton 3, Chapter 221, Acts of the 48th Legislature, 1943 (Article 667-10, Vernon's Texas Penal Code), was amended to read as follows: "Section 10. (a) In any county of 300,000 or more population, it shall be unlawful -1- for any person to sell beer or offer same for sale: "(1) 0n Sunday at any time between the hours of 2:00 a.m. and 12 noon. "(2) 0n any day except Sunday at any time between the hours of 2:00 a.m. and 7:00 a.m. "(b) In any county in this State not having a population of 300,000 or more, it shall be unlawful for any person to sell beer or offer same for sale. "(1) 0n Sunday at any time between the hours of 1:00 a.m. and 12 noon. "(2) 0n any day except Sunday at any time between the hours of 12 mid- night and 7:00 a.m. "(3) Regardless of the provisions of paragraphs (1) and (2) of this section (Section 2), the Commissioners Court of any county under 300,000 population, may by order adopt for the unincorporated areas of that county the hours prescribed above for counties having a population of 300,000 or more, during which the sale or offering of beer for sale are made unlawful; and the governing body of any incorporated city or town in any county under 300,000 population, may by ordinance adopt the hours prescribed above for counties having a population of 300,000 or more, during which the sale or offering of beer for sale are made unlawful, violation of a Commissioners Court order or a city ordinance made under this subsection is punishable as a violation of this act. "(c) It shall be unlawful for any person to sell beer on Sunday between the hours of 1:00 a.m. and 2:00 a.m., and on all other days between the hours of 12:00 midnight and 2:00 a.m. unless he shall hold a Retail Dealer's 0n Premise Late Hours License." Section 3. Subsection 7, Section 15 (e), Article I, Texas Liquor Control Act, as added by Section 1, Chapter 262, Acts of the 57th Legislature, Regular Session, 1961 (Article 666-15e, Vernon's Texas Penal Code) was amended as follows: (Text of above amendment omitted, Sections pertain to violation by Private Clubs.) Section 4. Section 3, Article II, Texas Liquor Control Act, as last amended by Section 2, Chapter 511, Acts of the 57th Legislature, Regular Session, 1961 (Article 667-3, Vernon's Texas Penal Code), was amended by adding a new Section (e-1) to read as follows: "(e-1) Retail Dealer's On -Premise Late Hours License. A Retail Dealer's On -Premise Late Hour License shall authorize the holders thereof to sell beer on Sunday between the hours of 1:00 a.m. and 2:00 a.m. and on any day except Sunday between the hours of 12:00 p.m. and 2:00 a.m. if the premises covered by such •license are in an area where the sale of beer during such hours is authorized by this act. All sections of this act which apply to the Retail Dealer's On -Premise License shall also apply to the Retail Dealer's On -Premise Late Hours License. The annual State fee for a Retail Dealer's On -Premise Late Hours License shall be ONE HUNDRED DOLLARS ($100...00)." Section 5. Article I, Texas Liquor Control Act (Article 666-1 through 666-57, Vernon's Texas Penal Code), was amended by adding a new Section 15 (f) to read as follows: "15 (f) Private Club Late Hours Permit. (Text of Section omitted, same as Section 4 with exception that annual State fee for a Private Club Late Hours Permit is FIVE HUNDRED DOLLARS ($500.00).) You will notice that I under scored the violation provision provided in Section 1 and 2, this was for the purpose of bringing to your attention the fact that any bill which attempts to make unlawful that which State law already prohibits must make its punishment conform exactly to State law or else the ordinance will fail. Consumption of alcoholic beverage in a public place during prohibited hours could have been specifically covered in the act, since the punish- ment under State law is a maximum fine of $50.00. (Article 666-4 (c) Penal Code). But sale of beer and violation for the private club law are punished by fine of $100.00 to $1,000.00, or up to one year in part or both, (Article 666-41 Penal Code). This is beyond the jurisdiction of the Municipal Court, and beyond the power of a City Council to prescribe. Therefore any ordinance which tracts the new amendments and made any statement that violation of the act beyond the new extended hours would be punished "as prescribed by State law", by implication picking up . Article 666-41, P.C. would be beyond the power of a City Council to enact and therefore in all probability be uninforcable. I have attached an ordinance which was written and approved by Wade Spillman, Legislative Representative for the alcoholic beverage industry, and -3- n Riley E. Fletcher, General Counsel of the Texas Municipal League, which they feel will meet all requirements under the new amendments, for a City which desires to adopt the late hours for sale and consumption of alcoholic beverages. Sincerely yours, >7Bobb J. Williams City Attorney -4- ORDINANCE NO. AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGISLATURE, REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON -PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMITTEES, AND TO CONSUMERS OF ALCOHO- LIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL ACT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. WHEREAS, Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amends the Texas Liquor Control Act, to authorize the governing body of an incorporated city or town located in any county with a population of less than three hundred thousand (300,000) inhabitants according to the last preceding Federal Census, by ordinance to adopt the extended hours during which alcoholic beverages may be lawfully consumed in a public place, and the extended hours during which beer may be lawfully sold on premises. in conformity with the provisions of such amendments to the Texas Liquor Control Act; and WHEREAS, the City of Pearland is located in Brazoria County, State of Texas,which said county has a population of less than three hundred thousand (300,000) inhabitants according to the last preceding Federal Census; and WHEREAS, the City Council of the City of Pearland desires to grant to Retail Dealers On -Premise Late Hours Licensees, Private Club Late Hours Permittees, and to consumers of alcoholic beverages the rights and privileges provided for in the foregoing amendments to the Texas Liquor Act; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. It shall be lawful for any person within the corporate limits of the City of Pearland to consume any alcoholic beverage in a public place or to possess any alcoholic beverage in a public place for the purpose of consuming the same in such public place during the extended hours granted by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1534, amending the Texas Liquor Control Act. Section 2. It shall be lawful for the holder of a Retail Dealers On - Premise Late Hours License within the corporate limits of the City of Pearland to sell beer or offer the same for sale during the extended hours by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amending the Texas Liquor Control Act. -1- Honorable Mayor and City Council, City', of Pearland, Texas Re: Acts 1969, 61st Legislature, Regular Session, Chapter 406, Page 1535 - Liquor - Hours of Sale - Late Hours Permits. Gentlemen: Pursuant to your request of February 12, 1969, concerning the above referenced acts, I respectfully submit the following brief synopsis for your information and file. Section 1. Subdivision (1) Section 4 (C), Article I, Texas Liquor Control Act (Article 666-4, Vernon's Texas Penal Code) was amended to read that it shall be unlawful for any person in a county of less than 300,00 population, to consume alcoholic beverages in a public place or for any person to possess an alcoholic beverage in a public place for the purpose of consuming at any time on Sunday between the hours of 1:15 a.m. and 12 noon, and on all other days at any time between the hours of 12:15 a.m. and 7:00 a.m.; Except that the Commissioners Court of any county under 300,000 population, may by order adopt for the unincorporated areas of that county the hours prescribed here- after for counties of more than 300,000 population (Sec. 10, Article II Infra) and the governing body of any incorporated city or town in any such county under 300,000 population, may by ordinance adopt the hours prescribed for counties of more than 300,000 population (Section 10, Article II Infra); violation of a Commissioners Court order or a city ordinance made under this subsection is punishable as a violation of this Act. It shall be unlawful for any person in a county of 30C,000 or more population, to consume any alcoholic beverage in any public place or for any person to possess any alcoholic oeverage in any public place -or the purpose of consuming the same in such public place at any time or Sunday between the hours of 2:15 a.m. and 12 noon, and on all other days at any time between the hours of 2:15 a.m. and 7:00 a.m. Section 2. Section 10, Article II, Texas Liquor Control Act, as last amended by Seciton 3, Chapter 221, Acts of the 48th Legislature, 1943 (Article 667-10, Vernon's Texas Penal Code), was amended to read as follows: "Section 10. (a) In any county of 300,000 or more population, it shall be unlawful -1- for any person to sell beer or offer same for sale: "(1) 0n Sunday at any time between the hours of 2:00 e.m. and 12 noon. "(2) 0n any day except Sunday at any time between the hours of 2:00 a.m. and 7:00 a.m. "(b) In any county in this State not having a population of 300,000 or more, it shall be unlawful for any person to sell beer or offer same for sale. "(1) 0n Sunday at any time between the hours of 1:00 a.m. and 12 noon. "(2) 0n any day except Sunday at any time between the hours of 12 mid- night and 7:00 a.m. "(3) Regardless of the provisions of paragraphs (1) and (2) of this section (Section 2), the Commissioners Court of any county under 300,000 population, may by order adopt for the unincorporated areas of that county the hours prescribed above for counties having a population of 300,000 or more, during which the sale or offering of beer for sale are made unlawful; and the governing body of any incorporated city or town in any county under 300,000 population, may by ordinance adopt the hours prescribed above for counties having a population of 300,000 or more, during which the sale or offering of beer for sale are made unlawful, violation of a Commissioners Court order or a city ordinance made under this subsection is punishable as a violation of this act. "(c) It shall be unlawful for any person to sell beer on Sunday between the hours of 1:00 a.m. and 2:00 a.m., and on all other days between the hours of 12:00 midnight and 2:00 a.m. unless he shall hold a Retail Dealer's 0n Premise Late Hours License." Section 3. Subsection 7, Section 15 (e), Article I, Texas Liquor Control Act, as added by Section 1, Chapter 262, Acts of the 57th Legislature, Regular Session, 1961 (Article 666-15e, Vernon's Texas Penal Code) was amended as follows: (Text of above amendment omitted, Sections pertain to violation by Private Clubs.) Section 4. Section 3, Article II, Texas Liquor Control Act, as last amended by Section 2, Chapter 511, Acts of the 57th Legislature, Regular Session, 1961 (Article 667-3, Vernon's.Texas Penal Code), was amended by adding a new Section (e-1) to read as follows: "(e-1) Retail Dealer's On -Premise Late Hours License. A Retail Dealer's On -Premise Late Hour License shall authorize the holders thereof to sell beer on Sunday between the hours of 1:00 a.m. and 2:00 a.m. and on any day except Sunday between the hours of 12:00 p.m. and 2:00 a.m. if the premises covered by such license are in an area where the sale of beer during such hours is authorized by this act. All sections of this act which apply to the Retail Dealer's On -Premise License shall also apply to the Retail Dealer's on -Premise Late Hours License. The annual State fee for a Retail Dealer's on -Premise Late Hours License shall be ONE HUNDRED DOLLARS ($100.00)." Section 5. Article I, Texas Liquor Control Act (Article 666-1 through 666-57, Vernon's Texas Penal Code), was amended by adding a new Section 15 (f) to read as follows: "15 (f) Private Club Late Hours Permit. (Text of Section omitted, same as Section 4 with exception that annual State fee for a Private Club Late Hours Permit is FIVE HUNDRED DOLLARS ($500.00).) You will notice that I under scored the violation provision provided in Section 1 and 2, this was for the purpose of bringing to your attention the fact that any bill which attempts to make unlawful that which State law already prohibits must make its punishment conform exactly to State law or else the ordinance will fail. Consumption of alcoholic beverage in a public place during prohibited hours could have been specifically covered in the act, since the punish- ment under State law is a maximum fine of $50.00. (Article 666-4 (c) Penal Code). But sale of beer and violation for the private club law are punished by fine of $100.00 to $1,000.00, or up to one year in part or both, (Article 666-41 Penal Code). This is beyond the jurisdiction of the Municipal Court, and beyond the power of a City Council to prescribe. Therefore any ordinance which tracts the new amendments and made any statement that violation of the act beyond the new extended hours would be punished "as prescribed by State law", by implication picking up Article 666-41, P.C. would be beyond the power of a City Council to enact and therefore in all probability be uninforcable. I have attached an ordinance which was written and approved by Wade Spillman, Legislative Representative for the alcoholic beverage industry, and -3- a. Riley E. Fletcher, General Counsel of the Texas Municipal League, which they feel will meet all requirements under the new amendments, for a City which desires to adopt the late hours for sale and consumption of alcoholic beverages. Sincerely yours, �Bobb 'J. Williams City Attorney -4- ORDINANCE NO. AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGISLATURE, REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE-, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS: QN-PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMITTEES, AND TO CQN$UMERS OF ALCOHO_ LIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL4iCT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. WHEREAS, Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amends the Texas Liquor Control Act, to authorize the governing body of an incorporated city or town located in any county with a population of less than three hundred thouspnd (300,000) inhabitants according to the last preceding Federal Census, by ordinance to adopt the extended hours during which alcoholic beverages may be lawfully consumed in d nublic place, and the extended hours during which beer may be lawfully sold on premises. in conformity with the provisions of such amendments to the Texas Liquor Control Act hand `, WHEREAS, the City of Pearland is located in Brazoria County, State of Texas,which said county has a population of less than three hundred thousand (300,000) inhabitants according to the last preceding Federal Census; and WHEREAS, the City Council of the City of Pearland desires to grant to Retail Dealers On -Premise Late Hours Licensees, Private Club Late Hours Permittees, and to consumers of alcoholic beverages the rights and privileges provided for in the foregoing amendments to the Texas Liquor Act; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. It shall be lawful for any person within the corporate limits of the City of Pearland to consume any alcoholic beverage in a public place or to possess any alcoholic beverage in a public place for the purpose of consuming the same in such public place during the extended hours granted by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1534, amending the Texas Liquor Control Act. Section 2. It shall be lawful for the holder of a Retail Dealers 0n- Premise Late Hours License within the corporate limits of the City of Pearland to sell beer or offer the same for sale during the extended hours by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amending the Texas Liquor Control Act. -1- Honorable Mayor and City Council, City of Pearland, Texas Re: Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535 - Liquor - Hours of Sale - Late Hours Permits. Gentlemen: Pursuant to your request of February 12, 1969, concerning the above referenced acts, I respectfully submit the following brief synopsis for your information and file. Section 1. Subdivision (1) Section 4 (C), Article I, Texas Liquor Control Act (Article 666-4, Vernon's Texas Penal Code) was amended to read that it shall be unlawful for any person in a county of less than 300,00 population, to consume alcoholic beverages in a public place or for any person to possess an alcoholic beverage in a public place for the purpose of consuming at any time on Sunday between the hours of 1:15 a.m. and 12 noon, and on all other days at any time between the hours of 12:15 a.m. and 7:00 a.m.; Except that the Commissioners Court of any county under 300,000 population, may by order adopt for the unincorporated areas of that county the hours prescribed here- after for counties of more than 300,000 population (Sec. 10, Article II Infra) and the governing body of any incorporated city or town in any such county under 300,000 population, may by ordinance adopt the hours prescribed for counties of more than 300,000 population (Section 10, Article II Infra); violation of a Commissioners Court order or a city ordinance made under this subsection is punishable as a violation of this Act. It shall be unlawful for any person in a county of 300,000 or more population, to consume any alcoholic beverage in any public place or for any person to possess any alcoholic beverage in any public place for the purpose of consuming the same in such public place at any time or. Sunday between the hours of 2:15 a.m. and 12 nobn, and on all other days at any time between the hours of 2:15 a.m. and 7:00 a.m. Section 2. Section 10, Article II, Texas Liquor Control Act, as last amended by Seciton 3, Chapter 221, Acts of the 48th Legislature, 1943 (Article 667-10, Vernon's Texas Penal Code), was amended to read as follows: "Section 10. (a) In any county of 300,000 or more population, it shall be unlawful -1- CITY OF PEARLAND CITY HALL HU 5-2411 P. O. BOX 157 PEARLAND, TEXAS 77581 POLICE ACTION TAKEN LOUNGE YEAR NUMBER OFFENSE TRADER'S DEN 1968 1 DRUNK 1 SIMPLE ASSUALT 1 RECEIVING & CONCEALING STOLEN PROPERTY TOTAL 3 1969 3 DRUNKS 1 BREAKING & ENTERING MVH TOTAL 4 AS OF 2/26/70 NONE GRAND TOTAL 7 NONE CITY OF PEARLAND CITY HALL HU 5-2411 P. O. BOX 157 PEARLAND, TEXAS 77S81 POLICE ACTION TAKEN LOUNGE YEAR NUMBER REFUGE 1969 1 TOTAL 1 AS OF 2/26/70 NONE GRAND TOTAL 1 OFFENSE DRUNK NONE CITY OF PEARLAND, TEXAS P.0, Box 157 Phone 485-2411 Honorable Mayor and City Council City of Pearland Pearland, Texas Gentlemen: 42, /970 - In accordance with the provisions of applicable law(s) of the State of Texas and ordinance (s) of the City of Pearland I(We) respectfully request audience with the City Council to submit for its consideration the following remonstrance(s) and/or petition(s) : j( State, in. sufficient detail to describe the nature of, your petition(s) and/or 'remonstrance(s) I fR IPt.7ilL k, 9Ler" o Ay-'/rEa15- 7 vR ,C/ct'd54, CA) ffic/f HAS gFtN mPPRot/a S�A7� PDX'L'o:1r✓�t�s o F o &Ef 3o0,00o poPaLA7,o'' 4'V e,%PFgodeP $ (very eoU/vC/4, . FOR Glnits .,jr‘ 'Cmv/✓7Ys 0-F 55 Po4-ftTi0n/:: MAYOR &. NO'1'L TO CITY COUNCIL: CITY ATTORNEY WILLIAMS WILL.HAVE INFORMATION ON THIS LAW AT THE MEETING. W. E. W. • Signature of applica t(s) (to_be signed by applicant) go,'L $ 77- 6 Rfi Name (please print) •,t3o`(Sg7, Pl 4AAn/0t7m5 Address og 5o. `re(A5 NO. % - 6 AN ORDINANCE ADOPTING THE PROVISIONS OF ACTS 1969, 61st LEGISLATURE, REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE TEXAS LIQUOR CONTROL ACT,. PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCO- HOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON -PREMISE LATE HOURS LICENSEES, PRIVATE CLUB LATE HOURS PERMITTEES, AND TO CONSUMERS OF ALCHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL ACT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amends the Texas Liquor Control Act, to authorize the governing body of any incorporated city or town located in any county with a population of less than three hundred thousand (300,000) inhabitants according to the last preceding Federal Census, by ordinance to adopt the extended hours during which alcholic beverages may be lawfully consumed in a public place, and the extended hours during which beer may be lawfully sold on premises, in conformity with the pro- visions of such amendments to the Texas Liquor Control Act; and WHEREAS, the city of Rosenberg is located in Fort Bend County, State of Texas, which said county has a population of less than three hundred thousand (300,000) inhabitants accord- ing to the last preceding Federal Census; and WHEREAS, the City Council of the city of Rosenberg de- sires to grant to Retail Dealers On -Premise Late Hoprs Licensees, Private Club Late Hours Permittees, and to consumers of alco- holic beverages the rights and privileges provided for in the foregoing amendments to the Texas Liquor Act; Now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROSENBERG: 7 I. It shall be lawful for any person within the cor- porate limits of the city of Rosenberg to consume any alco- holic beverage in a public place or to possess any alcoholic beverage in a public place for the purpose of consuming the same in such public place during the extended hours granted by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amending the Texas Liquor Control Act. II. It shall be lawful for the holder of a Retail Dealers On -Premise Late Hours License within the corporate limits of the city of Rosenberg tosell beer or offer the same for sale during the extended hours granted by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amend- ing the Texas Liquor Control Act. It shall be lawful for the holder of a Private Club Late Hours Permit within the corporate limits of the city of Rosenberg to permit persons to consume or be served alcoholic beverages during the extended hours granted by Acts 1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amend- ing the Texas Liquor Control Act. IV. This ordinance shall become effective on j , 1969. F v. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. VI. The importance of this ordinance creates an emer- gency andan imperative public necessity that the rule requir- ing ordinances to be read at three several meetings be suspend- ed, and this rule is hereby suspended, and the ordinance shall take effect and be in force from and after its adoption. Passed and approved, this 19th day of August, 1969. ATTEST: (21.41to% :.L City Secretary F This is to certify that the above ordinance is a true copy of Ordinance 69-6 passed August 19, 1969 by the Rosenberg City Council. Dated the 21st day of August, 1969. f;t 4 ,e, • Alice Skalski, City Secretary Form 2-60 APPLICATION FOR itETAIL DEALER'S ON -PREMISE LA.E HOURS LICENSE (First Read All Instructions) STAr'P, OF TEXAS 19 COUNTY OF Staple two photographs to original. Staple one photograph to District Office copy. The following statements and attachments are made under oath to the County Judge of the above named County and to the Texas Liquor Control Board. 1. The applicant holds, at the same address or location, the following Permit or License No under the Trade Name of 2. Address or Location of Premises City County (IMPORTANT: Address must read exactly as that shown on the Retail Dealer's On -Premise License or Wine and Beer Retailer's Permit issued for the same location.) 3. Mailing Address 4. If applicant is an individual; give the following: ZIP CODE (Name) (Social Security Number) 5. If applicant is a partnership; give the name of each partner • 6. If applicant is a corporation; give the name and title of each officer 7. If applicant is a partnership or a corporation give the name of one partner or one officer (not a manager unless an officer) who is primarily responsible for the management of the premises. (Name) (Social Security Number) (IMPORTANT: Attach two photographs of the person named in 4 or 7 above to the upper right hand corner of this application, and one photographin the same place on the copy of the application given to the Board's District Office. Such photographs must be less than two years old and must be full -face, Passport type photos taken of the person without sunglasses or headcovering. Such photos must be a minimum of one (1) inch square and a maximum of one and one -quarter (1M) inches square. The person's name and social security number must be on the reverse side of each such photograph.) 8. Has any person named in 4 or 7 above or his spouse, within the last three years been finally convicted of a felony, or any of the following offenses: (a) prostitution (b) bookmaking (c) gambling (gaming) (d) bootlegging (e) vagrancy convictions involving moral turpitude (f) (g) (h) (i) any offense involving narcotics or other dangerous drugs violation of penal law involving firearms or other deadly weapons more than three violations of the Texas Liquor Control Act relating to minors violations of the Texas Liquor Control Act resulting in can- cellation of a license or permit, or a fine of $500.00 or more 9. Within the last three years has any person named in 4 or 7 above or his spouse served any sentence, parole or probation as a result of a felony prosecution or a prosecution for any type offense named in question 8 above? If answers to questions 8 or 9 are in the affirmative, give full details on a separate sheet of paper attached hereto and for each offense give th e type of offense, date of sentence, and term of the sentence, parole, or probation served, or combination thereof. 10. Are there free toilets for males and females on the premises mentioned above? If not, attach a detailed statement of explanation. 11. Have you filed a copy of this application with the office of the Liquor Control Board in your District? A copy must be filed for investigation before permit can be issued. The District Office will make a thorough investigation and the permit will not be issued in Austin until a clearance report is received from this source. STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared who after being by me duly sworn did upon his oath depose and say that he is the person who signed the above application and that he has read said application and all the facts set forth therein are true and correct. Subscribed and sworn to before me this the (Signature of person designated in either question 4 or 7) (Signature of person designated in either question 4 or 7) day of , A D 19 Notary Public in and for County, Texas Form 2-60 APPLICATION FOR uETAIL DEALER'S ON -PREMISE LA sE HOURS LICENSE (First Read All Instructions) STATE OF TEXAS 19 COUNTY OF Staple two photographs to original. Staple one photograph to District Office copy. The following statements and attachments are made under oath to the County Judge of the above named County and to the Texas Liquor Control Board. 1. The applicant holds, at the same address or location, the following Permit or License No. under the Trade Name of 2. Address or Location of Premises City County (IMPORTANT: Address must read exactly as that shown on the Retail Dealer's On -Premise License or Wine and Beer Retailer's Permit issued for the same location.) 3. Mailing Address 4. If applicant is an individual; give the following: VIP CODE (Name) (Social Security Number) 5. If applicant is a partnership; give the name of each partner 6. If applicant is a corporation; give the name and title of each officer 7. If applicant is a partnership or a corporation give the name of one partner or one officer (not a manager unless an officer) who is primarily responsible for the management of the premises. (Name) (Social Security Number) (IMPORTANT: Attach two photographs of the person named in 4 or 7 above to the upper right hand corner of this application, and one photograph in the same place on the copy of the application given to the Board's District Office. Such photographs must be less than two years old and must be full -face, passport type photos taken of the person without sunglasses or headcovering. Such photos must be a minimum of one (1) inch square and a maximum of one and one -quarter (1%) inches square. The person's name and social security number must be on the reverse side of each such photograph.) - 8. Has any person named in 4 or 7 above or his spouse, within the last three years been finally convicted of a felony, or any of the following offenses: (a) prostitution (b) bookmaking (c) gambling (gaming) (d) bootlegging (e) vagrancy convictions involving moral turpitude (f) (g) (h) (i) any offense involving narcotics or other dangerous drugs violation of penal law involving firearms or other deadly weapons more than three violations of the Texas Liquor Control Act relating to minors violations of the Texas Liquor Control Act resulting in can- cellation of a license or permit, or a fine of $500.00 or more 9. Within the last three years has any person named in 4 or 7 above or his spouse served any sentence, parole or probation as a result of a felony prosecution or a prosecution for any type offense named in question 8 above? If answers to questions 8 or 9 are in the affirmative, give full details on a separate sheet of paper attached hereto and for each offense give th e type of offense, date of sentence, and term of the sentence, parole, or probation served, or combination thereof. 10. Are there free toilets for males and females on the premises mentioned above? If not, attach a detailed statement of explanation. 11. Have you filed a copy of this application with the office of the Liquor Control Board in your District? A copy must be filed for investigation before permit can be issued. The District Office will make a thorough investigation and the permit will not be issued in Austin until a clearance report is received from this source. STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared who after being by me duly sworn did upon his oath depose and say that he is the person who signed the above application and that he has read said application and all the facts set forth therein are true and correct. Subscribed and sworn to before me this the (Signature of person designated in either question 4 or 7) (Signature of person designated in either question 4 or 7) day of ,AD 19 Notary Public in and for County, Texas Form 2-60 ton‘ APPLICATION FOR itETAIL DEALER'S ON -PREMISE LA HOURS LICENSE (First Read All Instructions) STATE OF TEXAS COUNTY OF 19 Staple two photographs to original. Staple one photograph to District Office copy. The following statements and attachments are made under oath to the County Judge of the above named County and to the Texas Liquor Control Board. 1. The applicant holds, at the same address or location, the following Permit or License No under the Trade Name of 2. Address or Location of Premises City County (IMPORTANT: Address must read exactly as that shown on the Retail Dealer's On -Premise License or Wine and Beer Retailer's Permit issued for the same location.) 3. Mailing Address 4. If applicant is an individual; give the following: 7IP CODE (Name) - (Social Security Number) 5. If applicant is a partnership; give the name of each partner. 6. If applicant is a corporation; give the name and title of each officer 7. If applicant is a partnership or a corporation give the name of one partner or one officer (not a manager unless an officer) who is primarily responsible for the management of the premises. (Name) (Social Security Number) (IMPORTANT: Attach two photographs of the person named in 4 or 7 above to the upper right hand corner of this application, and one Photograph in the same place on the copy of the application given to the Board's District Office. Such photographs must be less than two years old and must be full -face, passport type photos taken of the person without sunglasses or headcovering. Such photos must be a minimum of one (1) inch square and a maximumof one and one -quarter (PA) inches square. The person's name and social security number must be on the reverse side of each such photograph.) 8. Has any person named in 4 or 7 above or his spouse, within the last three years been finally convicted of a felony, or any of the following offenses: (a) prostitution (b) bookmaking (c) gambling (gaming) (d) bootlegging (e) vagrancy convictions involving moral turpitude (f) any offense involving narcotics or other dangerous drugs (g) violation of penal law involving firearms or other deadly weapons (h) more than three violations of the Texas Liquor Control Act relating to minors (i) violations of the Texas Liquor Control Act resulting in can- cellation of a license or permit, or a fine of $500.00 or more 9. Within the last three years has any person named in 4 or 7 above or his spouse served any sentence, parole or probation as a result of a felony prosecution or a prosecution for any type offense named in question 8 above? If answers to questions 8 or 9 are in the affirmative, give full details on a separate sheet of paper attached hereto and for each offense give th e type of offense, date of sentence, and term of the sentence, parole, or probation served, or combination thereof. 10. Are there free toilets for males and females on the premises mentioned above? If not, attach a detailed statement of explanation. 11. Have you filed a copy of this application with the office of the Liquor Control Board in your District? A copy must be filed for investigation before permit can be issued. The District Office will make a thorough investigation and the permit will not be issued in Austin until a clearance report is received from this source. STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared who after being by me duly sworn did upon his oath depose and say that he is the person who signed the above application and that he has read said application and all the facts set forth therein are true and correct. Subscribed and sworn to before me this the (Signature of person designated in either question 4 or 7) (Signature of person designated in either question 4 or 7) day of ,AD 19 Notary Public in and for County, Texas Form 2-60 r APPLICATION FOR-tETAIL DEALER'S ON -PREMISE LA xi HOURS LICENSE (First Read All Instructions) STATE OF TEXAS 19 COUNTY OF Staple two photographs to original. Staple one photograph to District Office copy. The following statements and attachments are made under oath to the County Judge of the above named County and to the Texas Liquor Control Board. 1. The applicant holds, at the same address or location, the following Permit or License No. under the Trade Name of 2. Address or Location of Premises City County (IMPORTANT: Address must read exactly as that shown on the Retail Dealer's On -Premise License or Wine and Beer Retailer's Permit issued for the same location.) 3. Mailing Address ZIP CODE 4. If applicant is an individual; give the following: (Name) (Social Security Number) 5. If applicant is a partnership; give the name of each partner 6. If applicant is a corporation; give the name and title of each officer 7. If applicant is a partnership or a corporation give the name of one partner or one officer (not a manager unless an officer) who is primarily responsible for the management of the premises. (Name) (Social Security Number) (IMPORTANT: Attach two photographs of the person named in 4 or 7 above to the upper right hand corner of this application, and one photograph in the same place on the copy of the application given to the Board's District Office. Such photographs must be less than two years old and must be full -face, passport type photos taken of the person without sunglasses or headcovering. Such photos must be a minimum of one (1) inch square and a maximum of one and one -quarter (13) inches square. The person's name and social security number must be on the reverse side of each such photograph.) 8. Has any person named in 4 or 7 above or his spouse, within the last three years been finally convicted of a felony, or any of the following offenses: (a) prostitution (b) bookmaking (c) gambling (gaming) (d) bootlegging (e) vagrancy convictions involving moral turpitude (f) (g) (h) (i) any offense involving narcotics or other dangerous drugs violation of penal law involving firearms or other deadly weapons more than three violations of the Texas Liquor Control Act relating to minors violations of the Texas Liquor Control Act resulting in can- cellation of a license or permit, or a fine of $500.00 or more 9. Within the last three years has any person named in 4 or 7 above or his spouse served any sentence, parole or probation as a result of a felony prosecution or a prosecution for any type offense named in question 8 above? If answers to questions 8 or 9 are in the affirmative, give full details on a separate sheet of paper attached hereto and for each offense give the type of offense, date of sentence, and term of the sentence, parole, or probation served, or combination thereof. 10. Are there free toilets for males and females on the premises mentioned above? If not, attach a detailed statement of explanation. 11. Have you filed a copy of this application with the office of the Liquor Control Board in your District? A copy must be filed for investigation before permit can be issued. The District Office will make a thorough investigation and the permit will not be issued in Austin until a clearance report is received from this source. STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared who after being by me duly sworn did upon his oath depose and say that he is the person who signed the above application and that he has read said application and all the facts set forth therein are true and correct. Subscribed and sworn to before me this the (Signature of person designated in either question 4 or 7) (Signature of person designated in either question 4 or 7) day of , A D 19 Notary Public in and for County Texas