HomeMy WebLinkAbout17932 ORD - 11/09/1983AN ORDINANCE
AMENDING SECTION 4-5 OF THE CITY CODE TO CONFORM WITH STATE
LAW, SEC. 109.33 ALCOHOLIC BEVERAGE CODE, AS AMENDED BY THE
LAST SESSION OF THE STATE LEGISLATURE, ALTERING THE
MEASUREMENT OF DISTANCE BETWEEN ON -PREMISES ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND PUBLIC SCHOOLS; PROVIDING AN
EXCEPTION FOR EXISTING ESTABLISHMENTS; PROVIDING FOR
VARIANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE.
SECTION 1. Section 4-5 of the Code of Ordinances of the City of
Corpus Christi is hereby amended to read as follows:
Section 4-5. Prohibited location of on -premises alcoholic
beverage establishments, etc.
a. No person shall maintain a place of business for the
dispensing and sale for on -premises consumption of alcoholic
beverages within the corporate limits of the city within
three hundred (300) feet of any church, public school or
public hospital.
b. The measurement of the distance between any such place of
business 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 where
they occur.
c. The measurement of the distance between any such place of
business and a public school shall be from the nearest
property line of the public school to the nearest doorway
by which the public may enter the place of business,
along street lines and in a direct line across
intersections where they occur.
d. Any such establishment which receives at least
thirty-three and one-third (33 1/3) per cent of its gross
income from the sale of food, which provides off-street
parking for its patrons and whose entrances and exits do not
front on a public street, shall be excluded from the
prohibition herein.
e. As to any dealer who held a license or permit on
September 1, 1983, in a location where a regulation under
this section was in effect on that date, the measurement
of the distance between the place of business of the
dealer and a public school shall be along the property
lines of the street fronts and from front door to front
door, and in direct line across intersections. This
subsection applies only as long as the place of business
17932
SEP 2
MICROFILMED
is continuously in operation from that date, whether or
not under the same license or permit.
f. The City Council may, upon application of a business
regulated herein, allow a variance to the regulation if the
Council 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 it is in the best interest of the community.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. This ordinance shall take effect from and after its
publication one time in the official publication of the City of Corpus Christi,
which publication shall contain the caption stating in summary the purpose of
the ordinance.
Thdc the foregoing ordinance tialt read for 42 t tsme and sed to its
second reading on this the �pday of J(� ,`1921? , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinancg,,was read for „a second time and wssed to its
third reading on this the day of 4t.�� __ , 19213, , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins,, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the for ggpping ordin.n a was real for the ,j', t ird time and passed finally
on this the 114 day of , 19 by thle following vote: L
Luther Jones 'Herbert L. Hawkins,, Jr. 2,41.. 1T
Betty N. Turner Dr. Charles W. Kennedy
David Berlanga, Sr. Joe McComb ____`__
Leo Guerrero _ Frank Mendez
PASSED AND APPROVED, this
ATTEST:
Cit Secretary
the
Mary Pat Slavik
'7 day of
APPROVED: --
,26;14 -DAY OF •�n44a ,
J. BRUCE AYCOCK, CITY ATTORNEY
By
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
, 19 /3 .
17932
P`UBLISHER'S AFFIDAVIT
STATE OF TEXAS, tss:
County of Nueces. J1
AD#42281
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came. .......
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
' NOTICE OF PASSAGE OF ORDINANCE NO. 17932...
CALLER -TIMES PUBLISHING CO.
AuN of which the annexed is a true copy, was published in _._ _... .__._........_..._......_._ ___._.� .
on the 14th day of......._....Novemb! __.19...83, and once each........ day thereafter for...._one _____
consecutive day:
One _....._...Times.
$ 38.61
GRACIE DE LUNA 4
Adm. Asst. Sec.
Subscribed and sworn to before me this..._.18 th:._.day of
NQvembRK 19 8..
Notary P lic, cut County, Texas
EDNA KOSTER
f.l
TICE OF
a -PASSAGE Or--- t
ORDI NANCE N0..17932
AMENDING' SECTION 4.5
OF THE CITY CODE TO
CONFORM WITH STATE
LAW, SEC. 109.33 ALCO-
HOLIC BEVERAGE CODE,
AS AMENDED BY THE
LAMSESSION OF THE
STATE LEGISLATURE,
SUIT MENTING THE MEA -
OF
D1S ANCE BETWEEN
ON• EMISES ALCOHOL-
IC.. BEVERAGE
ESTA LISHMENTS AND
Pre, .4,1C SCHOOLS; PRO -
V117 AN EXCEPTION
FOI�4EXISTING ESTAB-
LISHMENTS; PROVIDING
FOR"WARIANCES; PRO.
VIO NG A SEVERANCE
CIA; SE, AND PROVID-
ING • FOR PUBLICATION
AND;}AN EFFECTIVE
DAT.LaJ -
"Was passed and approved
by the City Council of the
City of Corpus Christi, Tex-
as on the 9th day of
November, 1983. The full
tent of said ordinance is
available to the public In
the Office of the City Secre-
tary.
-5.8111 G. Read
City Secretary
Corpus Christi, Texas