Ordinance No. 719ORDINANCE NO. 719
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF
FEES AND THE ISSUANCE OF LICENSES BY THE CITY OF BAYTOWN
TO PERSONS ENGAGED IN THE SALE OF MALT, WINE AND VINOUS
LIQUOR BEVERAGES; MAKING IT UNLAWFUL FOR ANY DEALER WHOSE
PRINCIPAL BUSINESS IS THE SALE OF BEER OR WINE OR BOTH TO
SELL THE SAME WHERE HIS PLACE OF BUSINESS IS WITHIN THREE
HUNDRED (300') FEET OF ANY CHURCH, SCHOOL, OR OTHER EDUCA-
TIONAL. INSTITUTION; REPEALING ORDINANCES INCONSISTENT HERE-
WITH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
Section 1: Definitions; All definitions of words, terms and phrases, as set
forth in the Texas Liquor Control Act, are hereby adopted and made a part hereof by
reference.
Section 2: General Distributor's License: There is hereby levied upon every
general distributor, as defined in Section 3 (b) of Part II of the Texas Liquor Control
Act, in the City of Baytown an annual license fee of One Hundred ($100.00) Dollars. pro-
vided such general distributor has procured his primary license in Harris County, Texas.
Section 3: Local Distributor's License: There is hereby levied upon every local
distributor, as defined by Section 3 (c) of Part II of the Texas Liquor Control Act,
in the City of Baytown an annual license fee of Twenty -Five ($25,00) Dollars, and upon
the payment of said fee the City of Baytown will issue such person a license as permitted
by the Texas Liquor Control Act.
Section 4: Retail Dealer's License: There is hereby levied upon every retail
dealer, as defined by Section 3 (e) of Part II of the Texas Liquor Control Act, who sells
beer in bottles and /or from kegs, barrels or other containers in the City of Baytown, for
consumption on or off the premises where sold an annual license fee of Twelve and 50 /100
($12.50) Dollars, and upon the payment of said fee the City of Baytown will issue to
tuch person a license, as permitted by the Texas Liquor Control Act.
Section 5: Retail Dealer's License, Not for consumption on remises; There is
hereby levied upon every retail dealer, as defined by Section 3 (f) of Part II of the
Texas Liquor Control Act, who sells beer in the original container direct to the consumer,
but not for resale and not to be consumed on the premises where sold an annual license
,fee of Five ($5.00) Dollars, and upon the payment of said fee the City of Baytown will
issue to such person a license, as permitted by the Texas Liquor Control Act.
Section 6: Wine and Beer Retailer's Permit: There is hereby levied upon every
Wine and Beer Retailer dealer, as defined by Section 15 (17) of Article l of the Texas
Liquor Control Act, who sells Wine and Beer in the City of Baytown, for consumption on
or off the premises where sold an annual fee of Fifteen ($15.00) Dollars, and upon the
payment of said fee the City of Baytown will issue to such person a license as permitted
by the Texas Liquor Control Act.
Section 7: State License _Necessary: No license required under the terms of this
ordinance shall be issued to any person until he shows that he holds a state license
for the particular phase of the beer or beer and wine traffic in which he desires to
engage in the City of Baytown, and until the fee required to be paid by said City for
such license has been paid to the City of Baytown.
Section B: Termination of License: All licenses issued under the terms of this
ordinance authorizing the manufacture, distribution and sale of beer or beer and wine,
shall terminate one (1) year from the date issued, and no license shall be issued for
a longer term than one (1) year.
Section 9: Location Restricted: The sale of beer by any dealer, whose principal
business is the sale of beer, is hereby prohibited in all cases where the place of busi-
ness of any such dealer is within three hundred (3001) feet of any church, school, or
other educational institution, the measurements to be along the property lines of the
street fronts, from front door to front door, and in a direct line across intersections
where they occur.
Section 10: Penalty: Any person who fails to pay any license fee prescribed in
this ordinance, or who fails to procure a license as required herein, before engaging
in any business for which the payment of a fee and the securing of a license is required
by the terms hereof, or who engages in any such business without holding an unexpired
and unrevoked license from the City of Baytown, or who shall violate any of the other
provisions of this ordinance, shall be deemed guilty of a misdemeanor, and, upon convic-
tion, shall be fined in an amount not to exceed Two Hundred ($200.00) Dollars, and each
and every day or fraction of a day during which this ordinance, or any part thereof,
shall be violated, shall be deemed a separate offense and punishable as such.
Section 11: Repealing Clause: All ordinances or parts of ordinances inconsistent
or in conflict with the provisions of this ordinance shall be and the same are hereby
repealed.
Section 12: Savings Clause: In the event any section, sub - section, sentence,
clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitu-
tional, such adjudication shall in no means effect any other section, sub - section,
1
sentance, clause or phrase of this ordinance, but all the rest hereof shall be in full
force and effect as though the section, sub - section, sentence, clause or phrase so de-
clared invalid or unconstitutional was not originally a part thereof.
Section 13: Effective Date: This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to
give notice hereof by causing the caption of this ordinance to be published in the
official newspaper of the City of Baytown at least twice within ten (10) days after the
passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown, on this the S day of 1969.
ATTEST:
�ct"') ci&.'�'J
Edna Oliver, City Clerk
APPROVED:
Georg Chandler, City Attorney
Aldxo� 4Ar . Z-410
,vzC. L. Liggett, 0D., Mayor