HomeMy WebLinkAbout022693 ORD - 09/27/1996AN ORDINANCE
AMENDING THE ZONING ORDINANCE, BY AMENDING ARTICLE 3,
DEFINITIONS BY AMENDING THE DEFINITIONS FOR "TAVERNS,
LOUNGES, OR BARS", "RESTAURANTS WITH ALCOHOLIC
BEVERAGES", AND "RESTAURANTS WITHOUT ALCOHOLIC
BEVERAGES"; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendments of the Zoning Ordinance of the City of Corpus
Christi;
WHEREAS, in accordance with proper notice to the public, public hearings were held on
the Wednesdays of May 1, 1996, May 15, 1996, May 29, 1996, and June 12, 1996, during
meetings of the Planning Commission and on the Tuesdays of July 9, 1996 and August 13, 1996,
during meetings of the City Council, in the Council Chambers at City Hall in the City of Corpus
Christi allowing all interested persons to appear and be heard; and
WHEREAS, the City Council has determined that the hereinafter set forth amendment
would best serve public health, necessity and convenience and the general welfare of the City of
Corpus Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance, Article 3, Definitions, Section 3-1 is hereby
amended as follows:
ARTICLE 3. DEFINITIONS
Section 3-1
3-1.52.2 Restaurants with Alcoholic Beverages. A food service establishment where food
is prepared and intended for individual portion service. and includes the site at which
individual portions are provided. The term includes any such place regardless of whether
consumption is on or off the premises and regardless of whether there is a charge for the
food. The term also includes delicatessen-tvpe operations that prepare sandwiches
intended for individual portion service. The term does not include private homes where
food is prepared or served for individual family consumption. retail food stores. the
location of food vending machines. and supply vehicles.
of Corpus Christi Ilcalth Codc Ordinance, Chapter 19, and the Texas Manual on food
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A seeendary feature of the establishment restaurant is
may-inelude the retail sale of alcoholic beverages provided the gross receipts from the sale
of alcoholic beverages sold by the holder of the alcoholic beverage permit for the
establishment are 75 percent or less of the total gross receipts from the premises. Gross
receipts will be either the gross sales reportable for sales tax purposes or the gross sales
reportable for sales taxes and gross receipts taxes for those establishments paying gross
receipts taxes. To ensure compliance with this definition for classification of the
establishment as a restaurant. the alcoholic beverage permittee shall provide upon request
by a City Code Enforcement Official verified copies of either. 11 the previous quarterly
or the previous three monthly sales tax reports and the gross receipts tax reports for the
same period. if the permittee pays the gross receipts tax or 21 the previous three months
alcohol sales and sales tax information and other information or documents sufficient to
determine the percentage of alcohol sales. if the permittee does not pay the gross receipts
tax. Failure to provide the documentation requested or accurately maintain required
records is prima facie evidence that the establishment is a "Tavern. Lounge. or Bar." A
food service establishment that has been issued a food and beverage certificate by the
Texas Alcoholic Beverage Commission shall be deemed a restaurant in compliance with
the provisions of this definition
hours o` ``c cstatilishmcnt Entertainment may be allowed provided such entertainment
be enclosed within the building structure.
7.-... : - -. ...
3-1.523 Restaurants without Alcoholic Beverages. A food service establishment where
food is prepared and intended for individual portion service. and includes the site at which
individual portions are provided. The term includes any such place regardless of whether
consumption is on or off the premises and regardless of whether there is a charge for the
food. The term also includes delicatessen -type operations that prepare sandwiches
intended for individual portion service. The term does not include private homes where
food is prepared or served for individual family consumption. retail food stores. the
location of food vending machines. and supply vehicles. The term includes the sale of
nonalcoholic beverages. A use engaged in thc preparation and retail sale of full food
Ilcalth Codc Ordinance, Chapter 19, and thc Tcxa3 Manual on Food Service Sanitation
and—Equipment. Entertainment may be allowed providing such entertainment is be
enclosed within >h building structure.
3-1.64.1 Taverns. Lounges. or Bars. A use primarily engaged in the retail sale of
alcoholic beverages for on -premise consumption provided the estahlishment derives more
than 75 percent of the establishment's gross revenue from the on -premise sale of alcoholic
beverages
A tavern, lounge, or bar may include entertainment providing
such entertainment is be enclosed within the building structure.
SECTION 2. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas,
approved on the 27th day of August, 1973, as amended from time to time, except as herein
changed, shall remain in full force and effect.
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SECTION 3. That, to the extent that the amendment to the Zoning Ordinance set forth
herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
hereby amended to conform to the Zoning Ordinance as amended herein.
SECTION 4. 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.
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That the foregoingdinance was read for the first time and passed to its second reading
on this the /3 day of �,�,�� , 19 gro , by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
That
of
04,
aLatf
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
adap
aid
e foregoing ordinance was read for the second time and passed finally on this the 4/ {lay
, 19 q , by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the
ATTEST:
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
, 1996.
Armando Chapa, City Secretary
Approved This 14th Day Of August, 1996:
James R. Bray, Jr., City Attorney
By:
MAYOR
THE CITY OF CORPUS CHRISTI
orbert J. Hart, Ass;
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y ttorney