Ordinance No. 3,752Published: Thy lea gown Sun
Mon. Jan. 1 984 40112 -4
Tues. Jan. 17, 1984
ORDINANCE NO. 3752
f AN ORDINANCE ANFApING CHAPTER 4, 'ALCC**= BEVERAGES,"
BY REPEALING CHAPTER 4 AS IT 15 PRESENTLY CONSTITUTED
AND ADDING A NEW CHAPTER 4 REGlUR G NOTICE TO THE CITY
OF BAYTOWN BY PERSON APPLY FOR ALOOkgDLIC BEVERAGES
LICENSE OR PERMT% LEVYM A 1 EF3 RE[4LNUNG CERTWICATION
BY THE CITY CLERK WHETHER SALE OF ALOOHOM BEVERAGES
IS LAWFUL; POSTING OF FEE RECEIPT; RWHIBITING STALES WITHN
300 FEET OF SCHOOLS, CHURCHES AND HOSPITALS, REPEAL/
CONFLICTING ORDINANCES; CONTAINING A SAVING CLAUSE;
PROVIDING A PENALTY OF $200.00 DOLLARS; AND pROVM)M
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 151AyM%%
TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown is hereby
amended by repealing Chapter 4, "Alcoholic Beverages," as it is presenting
constituted and adding a new Chapter 4, "Alcoholic Beverages; which shall read as
follows
Section 4-1 Detwtions
The definitions set forth in the Texas Alcoholic Beverage
Code apply to the words and phrases used in this chapter.
Section 4-2. Notice of Application.
Every person making application for a license or permit,
either original or renewal, with the Texas Alcoholic
Beverage Commission shall give notice to the City Clerk of
the City of Baytown by providing the original application or
copy of a renewal application and a copy of the personal
history sheet filed with such application.
;actirm 4-3. Lacey of F=
The City Clerk shall levy the maximum fee permitted
pursuant to Sections 11.39 and 61.36 of the Texas Alcoholic
Beverage Code, collectable and concurrently valid with the
issuance of a license or permit by the Texas Alcoholic
Beverage Commission.
Section 4-4 City Clerk Carbricati nu
The City Clerk shall certify to the Commission within 5
working days of final inspection by the Inspection, HeAlth
and Fire Departments, whether the location or address in
the application has an adequate building available, is in a
wet arPg; and whether the sale of alcoholic beverages for
which the license or permit is sought is prohibited by
charter or ordinance.
Section 4-5 Posting of Fee Receipt Required
A current valid fee receipt issued by the City Clerk sha*
be posted at all times during business hours in a conspicious
place upon the premises.
X40112 -4a
Section 4-6 Sales Prohibited Within 309 Feet of School, Churches
or Fibrpitals
(a) A dealer, whose place of business is within 300 feet of
a church, public school, or b3spital, commits at offense if
he sells an alcoholic beverage upon his premises.
(b) It is an exception to the application of this sectiop if
such dealer has held a valid license or permit continuously
since prior to January 9, 1984, at such premises.
• Section 2: All ordinances or parts of ordinances inconsistent with the terms
of this ordinance are hereby repealed, provided however, that such repeal shall be
only to the extent of such inconsistency and in all other respects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of this ordinance or the application of same to any
person or set of circumstances, shall for any reason be held unconstitutional, void or
invalid, such invalidity shall not affect the validity of the remaining provisions of
this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 4: Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than Two Hundred and No /100 ($200.00) Dollars.
Section 5: 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 the City
Council of the City of Baytown, this the 12th day of January, 1984.
ALLEN CAimpluN, Mayor
ATTESTS
24�v
City lerk
APPROVED:
RAND S , ttorney