ORD 1992-13 - Creating A Variance Procedure For Selling Alcoholic Bev. 300 Feet Provision 08-11-1992ORDINANCE NO. 92-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, CREATING A VARIANCE PROCEDURE FOR
ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES WITHIN 300
FEET OF A SCHOOL, CHURCH OR HOSPITAL; AND MAKING OTHER
FINDINGS AND PROVISIONS HERETO.
WHEREAS Texas Alcoholic Beverage Code Section 109.33 permits cities to establish a
procedure to grant variances to regulations prohibiting the sale of alcoholic
beverages within three hundred (300) feet of certain schools, churches or
hospitals;
NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas,
that:
SECTION 1: Section 3A-2. Sale of Alcoholic Beverages Prohibited in Specific Places, of
the Code of Ordinances of the City of Huntsville, Texas, is hereby amended
to read:
Section 3A-2. Sale of Alcoholic Beverages Prohibited in Specific Places.
(a) No person, dealer, corporation, partnership, or other business entity shall sell
or dispense or offer to sell or dispense any alcoholic beverage when such
location is within three hundred (300) feet of any church, public hospital,
public elementary, junior high or senior high school.
(b) 1. The City Council, by ordinance, may authorize in the manner provided
by state law a variance to the prohibition of the sale of alcoholic
beverages contained in (a) above where Council determines that
enforcement of the prohibition in a particular instance:
a. is not in the best interest of the public;
b. constitutes waste or inefficient use of land or other resources;
c. creates an undue hardship on an applicant for a license or
permit;
d. does not serve its intended purpose; or
e. is not, after consideration of the health, safety, and welfare of
the public and the equities of the situation, in the best interest
of the community.
2. No such variance shall be made except in a specific case and after a
public hearing pursuant to notice published in the City's official
newspaper.
(c) Any person, dealer, corporation, partnership, or other business entity violating
the provision of this section shall, upon conviction, be deemed guilty of a
misdemeanor and shall be punished as provided in section 1-8 of the Code of
Ordinances of the City of Huntsville.
(d) The City of Huntsville may further enforce the provisions of this section by
any action, at law or in equity, to enjoin any person, dealer, corporation,
partnership, or other business entity from conducting any business in violation
of this section.
SECTION 2: This ordinance shall take effect immediately.
Approved this the day of IL , 1992.
THE CITY OF HUNTSVILLE
A EST:
Mel a Byers, City Se etary
APR ROVED AS TO FORM:
Scott Bounds, City Attorney
W. H. Hodges, Mayor