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Home My WebLink About025594 ORD - 12/16/2003AN ORDINANCE AMENDING SECTION 4-5, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING THE LOCATION OF ESTABLISHMENTS SERVING ON-PREMISE ALCOHOLIC BEVERAGES; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES;AND PROVIDING FOR PUBLICATION. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 4-5 of the Code of Ordinances is revised to read as follows: "Sec. 4-5. Prohibited location of on-premises alcoholic beverage establishments, etc. "(a) No person ch:!! may 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, child-care facility, day-care center, public or private school, or public hospital. "(b) The ~distance between any such place of business that dispenses and sells alcoholic beverages for on-premises consumption and a church._ child-care facility, day-care center, or public hospital ch:!! must be measured-ale~-the- ...... ~,., ..... ,; ...... ~.~.,. m..,, v .... under Section 109.33 and 109 331, Texas Alcoholic Beverage Code. "(c) The ~distance between any such place of business that dispenses and sells alcoholic beveraqes for on-premises consumption and a public or private school~.~"-".~.. must be measured ...... *~' ....... * ..... '*" ';"~....v cf the "' '~";" Sections 109.33, Texas Alcoholic Beverage Code. "(d) Any such establishmenL which receives~[~* i~[1~* *~:~J'.i iii .] *h.i ii ~ ..... ~1 i~ ~,,~""'" third (33 ~1 l ~,/q~ less than fifty (50) per cent of its gross iP, seme-receipts from the sale or service of .... alcoholic beverages and holds a food and beverage certificate issued by the Texas Alcoholic Beverafle Commission,. ....... . ................ . ....... ~ ...... . ........... .... kiln ~*r~* oh~'l be is excluded from the prohibition~ in this section. "(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 is R30542A3.doc 2 continuously in operation from th=t d=tc September 1, 1983, whether or not under the same license or permit. "(f) The city council may, upon application of a business regulated~erek~ under this section., 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. "(.q) Before granting a variance under subsection (f) of this section, the City Council will hold a public hearinq to receive input from the public on the requested variance. The City Secretary shall publish a notice of the public hearinq in the newspaper at least ten (10) days before the hearinq date. Written notice of the public hearing before the City Council on the requested variance must be sent to the owners of real property within 300 feet of the property on which the variance is requested. Separate notices must be sent to any church, child-care facility, day-care center, public or private school, or public hospital located within 300 feet of the property on which a variance is requested and to the superintendent of the school district in which the property requesting the variance is located. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. "(h) The applicant for the variance must reimburse the City for the costs of publishinq the notice in the newspaper and mailinq the written notice to surrounding property owners, churches, child-care facilities, day-care centers, public or private schools, public hospitals, and school district superintendents before the public hearing is held." 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section '1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R30542A3.doc That the foregoing ord,[qance was r~d for the first time and passed to its second reading on this the (.~' day of ~,~(_~.,x,,,rb-g~" , 2003, by the following vote: Samuel L. Neal, Jr. ("}..J4..,fl,_, Bill Kelly Brent Chesney ~._¢!~l~ Rex A. Kinnison Javier D. Colmenero (~,~x.~.-~ Jesse Noyola ~'~ Melody Cooper _(~_~_. Mark Scott Henry Garrett (~,~t? . That ~.~.oregoing ordip~nce was Read for the second time and passed finally on this the l~ day of I~-£~, 2003 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, thisthe iQ6~dayof ~~I~X-~ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott .,2003. ATTE~~.~.~ Armando Chapa City Secretary Mayor APPROVED: 3~d day of December, 2003: R. ay einir~ A~t~ina~CCity Attorney R30542A3.doc PUBLISHER'S AFFIDAVIT 03C? , State of Texas } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 4760045 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 22ND day(s} of DECEMBER~ 2003. $58.39 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 23, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~Monda ,~_, December