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Home My WebLink About05656 ORD - 01/27/1960I MS s AN S 1-27 -60 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATING CERTAIN BUSINESS ESTABLISHMENTS; DESCRIBING SUCH ESTABLISH= MENTS; PROVIDING FOR THE INSPECTION OF THE PREMISES BY CITY INSPECTORS AND POLICE OFFICERS WITH OR WITH- OUT WARRANTS FOR THE ENFORCEMENT OF LAWS AND ORDINANCES AFFECTING SUCH PREMISES; PROVIDING CERTAIN EXCEPTIONS,; PROVIDING PENALTY FOR VIOLATION OF SAME; FIXING EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASt SECTION -E. THAT THE CORPUS CHRISTI CITY CODE, 1958, BE AM THE SAME IS HEREBY AMENDED BY ADDING FOUR NEW SECTIONS THERETO, DESIG- NATED RESPECTIVELY AS SECTIONS 14-6, 4 °7, 4-8 AND 4 -9, READING AS FOLLOWSS "SECTION 4 -6. LICENSE REQUIRED. "NO PERSON SMALL OWN, OPERATE OR MAINTAIN ANY PLACE OF BUST— NESS WHERE PERSONS RESORT FOR THE PURPOSE OF DRINKING BEER, WINE, WHISKEY, OR ANY ,INTOXICATING LIQUOR, OR WHERE THE DRINKING OF ANY BEER, WINE, WHISKEY, OR ANY INTOXICATING LIQUOR IS PERMITTED, WITHOUT FIRST OBTAINING A LICENSE, AS HEREINAFTER PROVIDED, FROM THE SUPERVISOR OF COLLECT -IONS; UNLESS EXEMPTED UNDER THE PROVISIONS OF SECTION 4-9 HEREOF. "SECTION 14 -7. APPLICATIONS FOR LICENSES. "APPLICATIONS FOR LICENSES SHALL BE NzWE BY ALL THE OWNERS (WHETHER ONE OR MORE) UPON BLANK FORMS PREPARED AND MADE AVAILABLE BY THE SAID CITY SUPERVISOR OF COLLECTIONS AND ABOVE THE SIGNATURE OF THE APPLICANT SHALL CONTAIN THE FOLLOWING INFORNATIONS "Ay THE NAME, MORE ADDRESS AND PROPOSED BUSINESS ADDRESS OF EACH PERSON, OWNING ANY INTEREST IN THE BUSINESS. "B. THE HOURS OF OPERATION OF THE BUSINESS. "C. A STATEMENT SHOWING WHAT ARTICLES WILL BE SOLD ON THE PREMISES AMD A GENERAL DESCRIPTION OF THE NATURE OF THE BUSINESS OPERATION. IN THE EVENT ANY ARTICLE BE° LONGING TO ANY PERSON, OTHER THAN THOSE PERSONS LISTED AS THE OWNERS OR OPERATORS OF THE BUSINESS, 13 KEPT ON THE PREMISEES, A LIST OF SUCH ARTICLES AND THE NAMES OF THE PERSONS FOR WHOM CUSTODY 13 HELD SHALL BE KEPT IN THE OFFICE OF THE MANAGER OF THE BUSINESS AND SHALL BE %CPT CURRENT IN ALL RESPECTS.. J_� "D. THE APPLICATION SHALL BE ACCOMPANIED BY A PLAT OR FLOOR PLAN SKETCH OF THE PREMISES AND EACH FLOOR THEREOF SHOVING THE LOCATION OF THE WALLS AND THE USES MADE OF THE VARIOUS PORTIONS ,QF THE BUILDING. THE APPLICATION SHALL BE ACCOMPANIED BY THE PAYMENT OF AN APPLICATION FEE OF $25.00, WHICH FEE SHALL BE RETAINED BY -THE CITY UPOR THE GRANTING OF THE APPLICATION OR ISSUANCE OF THE LICENSE. "E. PERMITS SHALL BE FOR THE CURRENT CALENDAR YEAR. A NEW APPLI- CATION MUST BE FILED FOR EACH CALENDAR YEAR PERIOD, AS IN THE CASE -OF MAKING ORIGINAL APPLICATIONS, AND THE APPLICATION FEE SHALL BE PAID, AS IN THE CASE OF.MAKING ORIGINAL APPLICATIONS. "SECTION 4-8. OPERATIONS REGULATED. "ALL LICENSEES AND ALL PERSONS OPERATING ANY BUSINESS REQUIRED TO BE LICENSED BY THF_pROVISIDNS OF THIS ORDINANCE SHALL COMPLY WITH THE FOLLOWING j REQUIREKENTU -AND STANDARDS OF OPERATION: "A. QUIET AND GOOD ORDER SHALL BE MAINTAINED ON THE PREMISES SO AS NOT TO BE DISTURBING TO PERSONS OF ORDINARY SENSIBILITY OFF THE PREMISES. "B -; -THRRE SHALL BE POSTED ON THE DOOR A SIGN DENOTING IN WORDS AND FIGURES, AT LEAST ONE (9") INCH IN HEIGHT, A STATEMENT OF THE HOURS WITHIN WHICH THE BUSINESS WILL BE- OPERATED. THE LICENSE SHALL BE POSTED ON THE PREMISES IN A CONSPICUOUS PLACE. � C. NO PERSON UNDER THE AGE OF 21 YEARS SHALL BE ADMITTED UNLESS ACCOMPANIED BY HIS OR HER PARENT, GUARDIAN, ADULT HUSBAND OR ADULT WIFE,, OR OTHER ADULT PERSON INTO WHOSE CUSTODY HE OR 9HE HAS BEEN COMMITTED:FOR -THE TIME, BY SOME COURT, WHO IS ACTUALLY, VISIBLY AND PERSONALLY PRESENT-AM THE-TIME OF SUCH ADMISSION. "D. A LICENSEE, OR ANY EMPLOYEE OF A LJCENSEE, QNALL -NOT EITHER DIRECTLY OR INDIRECTLY,-MAI*AIN,.OPERATE ORy1:ARRY 64 ANY LRTTERY, GAIME- OF' CHANCE OR ENGAGE - I N,'ANY GAMBLING bEV f i)E `0RJ PLAN, OR PERM I T ANY PERSON TO-DO SOp ON ,.YME PREMISES. " _'WEITHER'WE.LICENSEE -NOR ANY�OF HIS .EMPLOYEES SMALL DO ANY ACT 1N- V- 16LATION OF ANY OF THE LAWS PERTAINING TO I NTOX I-CAT I NO ' LIQUORS. "E.. 'NO DRINKING OF INTOXICATING LIQUORS AFTER THE HOURS PERMITTED BY LAW SMALL BE PERMITT6 ON THE PREMISES. "C. THE PREMISES SHALL BE SO CONSTRUCTED AND MAINTAINED AS TO BE IN COMPLIANCE WITH THE CITY BUILDING CODE AND THE CITY CODE OF FIRE PREVENTION. NO DRAPES OR INFLAMMABLE MATERIAL SHALL BE PERMITTED TO TOUCH ANY HEATER, ELECTRIC LIGHT GLOBE OR BE IN CLOSE ,[PROXIMITY 40 ANY CANDLELIGHT., EMERGENCY EXITS SHALL BE IDENTIFIED AND FIRE EXTINGUISHERS PROVIDED AND KEPT IN WORKING CONDITION, IN COMPLIANCE WITH THFw CITY FIRE PREVENTION CODE, TO THE SAME EXTENT' AS 16 REQUIRED FOR-,HOTELS. THE ARRANGEMENTS OF EMERGENCY EXITS, DECORATIONS AND DRAPERIES AND FIRE EXTINGUISHING EQUIPMENT SHALL BE INSPECTED AND APPROVED BY THE CITY FIRE MARSHAL BEFORE BUSINESS 18 COMMENCED AND SHALL THEREAFTER BE OPEN TO INSPECTIOIN BY THE CITY FIRE MARSHAL AT ALL REASONABLE HOURS AND PARTICULARLY DURING THE HOURS WHEN OPEN FOR BUSINESS. "H. THE OFFICER AND' -CITY OFFICIALS HAVING DUTIES TO PERFORM WITH REFERENCE TO THE ISSUANCE OF LICENSES AND INSPECTION OF THE PREMISES TO DETERMINE COMPLIANCE WITH ORDINANCES OF THE CITY AFFECTING THE CONDUCT OF THE BUSINESS AND ALL POLICE -2- OFFICERS SHALL HAVE THE AUTHORITY TO INSPECT THE BUSINESS AND PREM" " AND TO ENFORCE COMPLOANCE WITH THIS ORDINANCE AND/OR ANY OTHER ORDINANCE OR LAW APPLICABLE TO THE BUSINESS. "I. ALL PERSONS AUTHORIZED TO INSPECT LICENSEES AND BUSINESS SHALL HAVE THE AUTHORITY TO ENTER, WITH OR WITHOUT SEARCH WARRANT, AT ALL REASONABLE TIMES, THE FOLLOWING PREMPSESI 1. THOSE FOR WHICH A LICENSE WAS ISSUED AND WHICH LICENSE HAS NOT AT THE TIME OF INSPECTION EXPIRED OR BEEN RE- VOKED OR SUSPENDED. 2. THOSE PREMISES FOR WHICH A LICENSE 13 REQUIRED. 3. THOSE FOR WHICH THE LICENSE HAS BEEN REVOKED OR SUSPENDED OR HAS TERMINATED. "J. ALL PERSONS INSPECTING LICENSEES, THEIR BUSINESS OR PREMISES, SHALL REPORT ALL VIOLATIONS OF THIS ORDINANCE OR OF OTHER LAWS OR ORDINANCES TO THE CHIEF OF POLICE WHO IN TURN SHALL FORWARD A COPY TO THE DIRECTOR OF FINANCE AND SUBMIT SUCH OTHER REPORTS AS ARE REQUIRED BX,ANY,.ORDIMANCE OR AS MAY BE REQUIRED BY THE CITY MANAGER. "K. THE APPLICATION FOR A PERMIT AND /OR THE ACCEPTANCE OF A PERMIT OR LICENSE ISSUED UNDER THIS ORDINANCE SHALL CONSTITUTE AN EXPRESS AGREEMENT AND CONSENT, ON THE PART OF THE PERMITTEE OR LICENSEE, THAT ANY OF THE OFFICERS OR EMPLOYEES OF THE CITY CHARGED WITH ENFORCEMENT OF ANY OF THE CITY'S ORDINANCES, OR ANY PEACE OFFICER, OR ANY POLICE OFFICER, SHALL HAVE AT ALL TIMES THE RIGHT AND PRIVILEGE OF FREELY ENTERING UPON THE LICENSED PREMISES FOR THE PURPOSE OF CONDUCTING ANY INVESTIGATION OR FOR INSPECTING SAID PREMISES FOR THE PUR- POSE OF PERFORMING ANY DUTY IMPOSED ON SUCH OFFICER, EMPLOYEE, PEACE OFFICER OR POLICE OFFICER. "L. THE LICENSEE SHALL RENDER, IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE STATE LAWS OF TEXAS REGARDING THE RENDERING OF PROPERTY FOR TAXATOON, AND PAY TO THE CITY BEFORE SAME SHALL BECOME DELINQUENT, ALL AD VALOREM TAXES AGAINST ALL PROPERTY USED IN THE CONDUCT OF LICENSEE'S BUSINESS; AND FAILURE TO DISCHARGE THESE OB- LIGATIONS, OR ANY ONE OF THEM, SHALL OPERATE AS A REVOCATION OF ANY LICENSES ISSUED UNDER THE PROVISIONS OF THIS ORDINANCE. "SECTION 4. -9. EXEMPTIONS. "THIS ORDINANCE SHALL NOT APPLY TO BONA FIDE, NONPROFIT, MEMBER- SHIP OWNED AND MEMBERSHIP OPERATED, CLUBS HAVING A BOARD OF DIRECTORS COM- POSED OF MEMBERS ELECTED BY THE MEMBERSHIP IN CONTROL OF THE OPERATION OF ALL OF THE ACTIVOTOES ON THE PREMISES. THIS ORDINANCE,SHALL NOT APPLY TO ANY CAFE, RESTAURANT, OR OTHER RETAIL BUSINESS ESTABLOSHMENT HAVING A VALOR WINE AND BEER RETAILERS PERMIT OR BEER RETAILERS LICENSE ISSUED UNDER THE PROVISIONS OF THE TEXAS LIQUOR CONTROL ACT." "SECTION 2. AMY PERSON FOUND GUILTY OF VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL, UPON CONVICTION THEREOF, BE. FINED ANY 63- SUM NOT EXCEEDIMQ TWO HWIpRED DOLLARS ($200.00). EACH VIOLATION AND EACH DAY SUCH VIOLATION EXISTS SMALL CONSTITUTE SE►ARATE.OFFENSES. SECTION 3. TWIG ORDINANCE SMALL BECOME EFFECTIVE THIRTY (30) DAYS FROM DATE OF FINAL PASSAGE AND FAILURE TO OBTAIN A PERMITp WHERE RkOVI RED UNDER THIS ORDNANCE #FRGM THE EFFECTIVE DATE OF THIS ORDINANCE# SHALL CONSTITUTE A VIOLATION OF THIS ORDINANCE. SECTION 4. PUBLICATION SMALL BE MADE IN THE OPFICAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, ONE TINE# WHICH PUBLICATION SMALL CONTAIN THE CAPTION STATING IN SUBSTANCE OF THE PURPOSE OF THE ORDINANCE. SECTION 5. IF FOR ANY .REASON ANY SECTION# PARAGRAPHS BUBDIVISION# CLAUSE# PHRASE# OR PROVI&ION OF THIS ORDINANCE SHALL BE HELD INVALID# IT SMALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. Y THAT THE FOREGOING ORDINANCE WAS FOR THE FIR TIME AND PASS TO ITS SECOND READING ON THIS THE DAY OF 19j . BY THE FOLLOWING VOTE: —T*— ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANOX SR. THAT THE FOREGOING ORDINANCE WAS READ FOR THE S €COND TIME AND PASSED TO ITS THIRD READING ON THIS THE 6 DAY OF �,1Grn 19 &0 . BY THE FOLLOWING VOTES ELLRov KING 1L JAMES L. BARNARDO� MRS. RAY AIRHEART / JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THAT THE FOR 72G ORDINANC W READ FOR THVTHIRD TIME AND PASSED FINALLY ON THIS THE DAY OF 19 BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE / R. A. HUMBLE ! GABE LOZANO, SR. / PASSED AND APPROVED' THIS THE T / DA ATTEST; CITY SECRETARY APPR VED AS TO LEGAL FORM THIS � DAY F ` ' s!n�I e , s 1959 CITY ATTORNEY 19-4 ° MAYOR , THE CITY OF CORPUS CHRISTI, TEXAS