ORD 1981-49 - Alcohol Sale RestrictionsU.1C NU. LA. -4';)
AN ORDINANCE OP hi E CITY (it OUNTEVILLE, TEXXU,
PROOlUITING ThE ;ILL ALCohOuIC uEVERACES \ 1111
ThREE OUNDRED (300) iEET 01, ANY COURCN, PUULIC
HUSPITL OR PU3LIC SChOOL; PROVIUING A PENALTY DL jP
TO $20C;, AAR'ING OThER PROVISIOS RELATED ThERETO;
DECLARIN AN EERGENCY; AND PROVIDING I*OR ThE
PU6LICA1ION AND EiTECTIVE DATE HEREO.
vvhEREAa, the City Council uas received, and ,A0St: process, a
perlAit application frot the University for a laixed beverae
perf,iit; and
tne City's Alcoholic ueverajes Code does riot
clearly define the status of the University as a "public
school,"
U,'4 MERLfOE,
'uE 12 ORbAINEO by ThE CITY COUNCIL Of ThE CITY Of'
hhATbVILLE, TEAL> that:
Section I: The Code of ordinances of ttn City of
huntsville, Texas, Chapter 3A Alcoholic 6everues, is hereby
a,liendeu ;)-,/ toe repeal of subsection (a) of Eection 3A-2,
Eale of alcoholic bevera,jes pronibited in specific places,
and by tu odotiou 01 a ilt:4 subsection (a) toat shall read
as folio's, to wit:
3A-2.
places.
ChAPTE0 '3A. Alcoholic ueveraes
Sale of alcoholic bevera:jes prohibited in specific
(a) No person, dealer, corporation, partnership, or other
business entity shall sell or dispense or offer to sell or
dispense any alcoholic bevera,je anen sucn location is within
three nundreu feet (3/01) of any Church, public hospital,
public elei.ientary, junior ni,,n or sunior hi0n scnool.
Section 2. Any person, fir.,1 or corporation violatirRj any
provision of this ordinance or Laiiiii to coLiply aith uhy
re,Lluirenient of this Ordinance will be .0.1ilty of a
insdehteanor and subject to u Line of up 'to two Oundreu
(2u0) dollars upon conviction. Each day durirvj or upon
anion said person snall violate or continue violation of any
provision of this Ordinance or non-colapliance with any
re,luire,iunt ot this Ordinance snail constitute a distinct
and separate offense. 2ne violation of any provision of
this Ordinance or tne failure to co,,Aply with oily ruireideot
of this Ordinance snail eacn constitute a distinct an
separate of1:2unse.
Section 3. it any section, subsection, sentence, clause,
phrase or 'portion ot this Ordinance is for any reason held
invalid or unconstitutional, such portioh snail de dee:lied a
separate, distinct and independent provision and such
noldinj snail not affect any ot Lne remainin.y provisions of
this ordinance.
Section 4. All ordinances and parts of ordinances in
conflict witn tne provisions of this Ordinance are hereby
repealed; provided, however, Lnat such repeal shall oe only
to the extent of such inconsistency and in all other
respects tills Ordinance shall ue eumulative of ()tiler
ordinances rej ulat inj and j•verninj the subject matter
covered oy this ordinance.
Section S. The City Secretary is hereby directed to cause
the caption of this Ordinance to be published at least one
time within twenty days. eor the reasons set forth in the
notice of meetinj posted as tne a(jenda on which this
Ordinance was considered, a public enierjency and imperative
necessity exist for this Ordinance to be passed and take
effect and be in full force and effect immediately after
publication.
ifl 714
PASSEL JNANIOUSLY eIRST fe ThIS day of laly4St .
I,ASSEd UnANIOUSL'I: SLCONO \I'.3 THIS day of
API-UVLI) Thid 4? day of
Rutn DeShaw, City Secretary
APeROVED AS TO eORM:
eq541
LL-
cott bounds, City Attorney
19.81
THE CITY OU nU'NTSVILLE
BY
V. Nash, Mayor