Ord. 1502 2014-09-22ORDINANCE NO. 1502
An Ordinance of the City Council of the City of Pearland, Texas,
repealing Chapter 4, Alcoholic Beverages, of the City of Pearland
Code of Ordinances, in its entirety, and adopting a new Chapter 4 for
the purposes of complying with state law; 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of Ordinances, is hereby repealed and a new Chapter 4, Alcoholic Beverages, is hereby
adopted to read as follows:
"Sec. 4-1. Permit Required; Fees.
No person shall manufacture, sell, distribute or store any alcoholic beverage
within the city without first obtaining a permit from the City Secretary. Prior to
the issuance of a permit pursuant to this Chapter, the applicant for the permit
shall pay to the city such fees as are authorized by state law.
Sec. 4-2. General requirements.
(a) Churches and public hospitals. The sale of alcoholic beverages by a
dealer whose place of business is within 300 feet of a church or public
hospital is prohibited.
(b) Public and private schools within 300 feet. The sale of alcoholic
beverages by a dealer whose place of business is within 300 feet of a
public school or a "private school" as that term is defined in V.T.C.A.,
Alcoholic Beverage Code § 109.33, is prohibited. This section does not
apply to the holder of:
(1) A license or permit who also holds a food and
beverage certificate covering a premises that is
located within 300 feet or a private school; or
(2) A license or permit covering a premises where
minors are prohibited from entering under V.T.C.A.,
ORDINANCE NO. 1502
Alcoholic Beverage Code § 109.53, and that is
located within 300 feet of a private school.
(c) Day care centers and child care facilities. The sale of alcoholic beverages
by a dealer whose place of business is within 300 feet of a day care center or
child care facility, as those terms are defined by V.T.C.A., Human Resources
Code § 42.002 is prohibited.
(1) This section does not apply to a permit or license
holder who sells alcoholic beverages if:
a. The permit or license holder and the day
care center or child care facility are
located on different stories of a
multistory building; or
b. 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.
(2) This section applies only to a permit or license
holder under the following chapters of the V.T.C.A.,
Alcohol Beverage Code Ch. 25 (Wine and Beer
Retailer's Permit), Ch. 28 (Mixed Beverage Permit),
Ch. 32 (Private Club Registration Permit), Ch. 69
(Retail Dealer's On -Premises License), or Ch. 74
(Brewpub License) who does not hold a food and
beverage certificate.
(3) This section does not apply to a foster group
home, foster family home, family home, agency
group home, or agency home as those terms are
defined by V.T.C.A., Human Resources Code §
42.002.
Sec. 4-3. Measurement of distance.
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ORDINANCE NO. 1502
(a) Churches and public hospitals. The measurement of the distance between
the place of business where alcoholic beverages are sold and a church or
public hospital shall be along the property lines of the street fronts and from
front door to front door, and in a direct line across intersections.
(b) Public and private schools, day care centers and child care facilities. The
measurement of the distance between the place of business where alcoholic
beverages are sold and the public or private school, day care center, or child
care facility 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) 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 business is located if the place of
business is located on or above the fifth story of a multistory building.
(3) For any permit or license covering premises on September 1, 1983,
pursuant to V.T.C.A., Alcoholic Beverage Code § 109.33, the
measurement of the distance between the premises and a public or
private school shall be along the property lines of the street fronts and
from front door to front door, and in a direct line across intersections.
Sec. 4-4. Noncontiguous Operations.
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
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 that is adjacent to said premises;
(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.
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ORDINANCE NO. 1502
Sec. 4-5. Hours of Sale.
The holder of a permit authorizing the on -premise consumption of alcohol
shall comply with the provisions of V.T.C.A., Alcoholic Beverage Code §
105.03 and 105.05, except that such permittee's shall be allowed to apply for
a late hours permit to sell alcohol between midnight and 2 a.m. on any day.
Sec. 4-6. Variances.
City Council may grant a variance to regulation under Section 4-2, if the
governing body 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."
Section 2. 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 3. 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 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
4
ORDINANCE NO. 1502
Section 5. 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 6. 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.
PASSED and APPROVED ON FIRST READING this the 25ND day of August, A.
D., 2014.
ATTEST:
TOM REID
MAYOR
5
ORDINANCE NO. 1502
PASSED and APPROVED ON SECOND AND FINAL READING this the 22ND
day of September, A. D., 2014.
ATTEST:
,
.• Q...
o'
:
y::
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
6
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TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
SEPTEMBER 22, 2014
Voting "Aye" — Councilmembers, Carbone, Sherman, Hit,
Ordeneaux and Moore.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE:
EFFECTIVE DATE:
September 25, 2014
October 4, 2014
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of September 25, 2014
Sworn to and subscribed before me this
CJ- day of 1V6 '
Notary Public
My commission expires on
ublisher's Representative
, 2014.
SARAH MECCA FEROUSON
MY COMMISSION EXPIRES
• Jamey 17, 9016
ORDINANCE NO, 1502
An Ordinance of the City Council of the City of
Pearland, Texas, repealing Chapter 4, Alcoholic
Beverages, of the City of Pearland Code of Ordinances,
in its entirety, and adopting a new Chapter 4 for
the purposes of complying with state law; 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:
PASSED AND APPROVED ON SECOND AND FINAL
READING this the 22nd day of September, A. D., 2014.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
/Si
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
SFPTFMBFR 712014
Votrq'A1. - CovlcYrwrbrn, Carbone Showmen. Ha.
Ooi.ns. o end Moon.
Votiq'N0' • None
Mown p U*n 5 to 0.
PUBLICATION DATE. S.plrnpr 25. 2314
EFFECTIVE DATE. Octotw 4, 2014
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND.
TEXAS