HomeMy Public PortalAboutOrdinance No. 888-00 12-12-2000 ORDINANCE NO. 888-00
• AN ORDINANCE AMENDING SECTION 11 "ALCOHOLIC
BEVERAGES" OF CHAPTER 4 "BUSINESS
REGULATIONS" OF THE CODE OF ORDINANCES OF THE
CITY OF RICHLAND HILLS, AS AMENDED; REVISING
DISTANCE LIMITATIONS BETWEEN ESTABLISHMENTS
SELLING ALCOHOLIC BEVERAGES AND PUBLIC
SCHOOLS TO THE MAXIMUM CURRENTLY ALLOWED
BY STATE LAW; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, a local option election is currently scheduled for Saturday, December 16, 2000,
in the City of Richland Hills, at which propositions authorizing the sale of various alcoholic
beverages within the city shall be considered by the voters; and
WHEREAS, an examination of regulations contained in the Richland Hills Code of
Ordinances governing distances between establishments selling alcoholic beverages and public
schools reveals that such distance limitation is not as stringent as currently allowed by state law; and
WHEREAS, it is the desire of the Richland Hills City Council to revise such distance
limitations to the maximum allowed by current state law, so that such revised regulations will be in
place in the event that alcohol sales are authorized by the voters at the upcoming local option
• election; and
WHEREAS, it is hereby found and declared by the City Council of the City of Richland
Hills, Texas, that the revised regulations enacted hereby will promote the public safety, health and
welfare of the citizens of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That paragraphs (2) and (3) of Subsection C "SALE OF ALCOHOLIC BEVERAGES
WITHIN THREE HUNDRED (300) FEET OF A CHURCH, PUBLIC SCHOOL, OR PUBLIC
HOSPITAL PROHIBITED" of Section 11 "ALCOHOLIC BEVERAGES" of Chapter 4
"BUSINESS REGULATIONS" of the Code of Ordinances of the City of Richland Hills, Texas, as
amended, be hereby amended to hereafter be and read as follows:
(2) The measurement of the distance between the place of business where alcoholic
beverages are sold and the public school shall be from the nearest property line of the
public school to the nearest property line of the place of business, along street lines
and in direct lines across intersections.
• (3) For any permit or license covering premises which minors are prohibited from
entering under the Texas Alcoholic Beverage Code, Section 109.53, the measurement
of the distance between the premises and a public school shall be from the nearest
property line of the public school to the nearest property line of the said premises and
• in a direct line across intersections.
II.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
III.
Saving Clause. That Chapter 4 of the Code of Ordinances, City of Richland Hills, Texas,
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas.
. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 12tlxiay ofDecembe~ 2000, by a vote of 4 ayes, 0 nays,
and 0 abstentions.
\.~``~~Q? `~s''%, APPROVED:
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~ ~ ~ ~ ~ ; Imo.,
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Y, ' _ ~ C. F. Kelley, Mayor
ATTEST: ~ ~~~i~~i1 nnnl~~~~`~
Terri Willis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
James A. Cribbs, City Attorney
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