ORD 2004-10 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-10 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ARTICLE 3, SECTION 13, ENTITLED "USE TABLE" TO
ADD THE FOLLOWING USES FOR BEER & WINE SALES (OFF
PREMISE CONSUMPTION ONLY) AND SALE OF MIXED BEVERAGES
IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE
HOLDERS ONLY; AND FURTHER BY REPEALING ARTICLE 5,
SECTION 34 ENTITLED, "SALE OF ALCOHOLIC BEVERAGES" IN
ITS ENTIRETY AND ADOPTING NEW PROVISIONS REGULATING
THE SALE OF ALCOHOLIC BEVERAGES BY AUTHORIZED
BUSINESSES BY PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR
PROHIBITED SALES; ESTABLISHING CRITERIA FOR PERMITS;
PROVIDING REQUIREMENTS FOR ZONING COMPLIANCE;
PRESCRIBING BUSINESS HOURS; ESTABLISHING PROVISIONS FOR
SPECIAL USE PERMIT (SUP); PROVIDING CRITERIA AND
PROCESSING OF SUP; PRESCRIBING METHODS OF DETERMINING
DISTANCE MEASUREMENT; PROVIDING FOR EXCEPTION TO
DISTANCE REQUIREMENTS; PROVIDING FOR EXEMPTION FROM
SUP PROCESS FOR EXISTING PRIVATE CLUB OPERATIONS;
PROHIBITING POSSESSION OR CONSUMPTION IN CERTAIN
AREAS; ESTABLISHING MISCELLANEOUS PROVISIONS;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 21, 2003, the Town of Trophy Club, Texas (hereinafter referred
to as "Town") was presented with two petitions for a Local Option Election to legalize (1) the
sale of beer and wine for off -premise consumption only and (2) the sale of mixed beverages in
restaurants by food and beverage certificate holders only; and
WHEREAS, the Local Option Election was duly and legally held on February 7, 2004,
in the Town and in conformity with the election laws of the State of Texas, and the results of the
Local Option Election, including the early voting results, have been certified and returned to the
proper judges and clerks thereof; and
WHEREAS, by results from a Local Option Election from the voters of the Town the
sale of beer and wine and mixed beverages is now permitted within the Town limits; and
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WHEREAS, the current Comprehensive Zoning Ordinance for the Town does not
provide for these types of sales or establishments, the Town Council wishes to modify the
Zoning Ordinance in order to provide for the regulation of establishments who wish to sell beer
and wine for off -premise consumption and the sale of mixed beverages in restaurants by food
and beverage certificate holders; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
USE TABLE AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
Article 3, Section 13 — Use Table is amended as follows:
District Classifications
Permitted Uses I R-151 R-121 R-11 I R-101 R-9 I R -B IR•FVI R -TTI R -OH I R -OHP I R -S I MH I CG I CR I NS I PD I GU IPO
-- -- - - - -- - r -- --------------
Beer & . Wine Sales (off
5 " " "5 S. S __ _5 _ _ _5. _
Premise Consumption Only '
, ,
Sale of Mixed 'Beverages In _ _z_ _
Restaurants ,try Food : and S. E s s s -9,
Beverage Certificate' Holders
Only
+----1-----___k"_"-'--•a-"--4-------4-------I------- I ------- I ---- ----- I ---•-I•-•- I-----�-----�'----�
*Subject to the regulations contained in Section 34 of this Ordinance.
Article 5, Section 34 — Sale of Alcoholic Beverages is amended as follows:
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A. Definitions: For the purposes of this Ordinance, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
Applicant: A person who submits or files an original or renewal application with the
Town of Trophy Club, the County Judge, or the Texas Alcoholic Beverage Commission
for a license or permit.
Alcoholic Beverage: Alcohol, or any beverage containing more than one-half of one
percent of alcohol by volume, which is capable of use for beverage purposes, either alone
or when diluted.
Beer: A malt beverage containing one-half of one percent or more of alcohol by volume
and not more than four percent of alcohol by weight, and does not include a beverage
designated by label or otherwise by a name other than beer.
Commission: The Texas Alcoholic Beverage Commission.
ID
Licensee: A person who is the holder of a license provided in the Texas Alcoholic
Beverage Code, as amended, or any agent, servant, or employee of that person.
Liquor: Any alcoholic beverage containing alcohol in excess of four percent by weight,
unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine,
whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or
barreteago, is prima facie evidence that it is liquor.
Mixed Beverage: One or more servings of a beverage composed in whole or part of an
alcoholic beverage in a sealed or unsealed container or any legal size for consumption on
the premises where served or sold by the holder of a mixed beverage permit, the holder of
a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a
mixed beverage late hours permit, the holder of a private club registration permit, or the
holder of a private club late hours permit.
On -Premise: Refers to the site of consumption rather than the site of sale and refers to
the sale of alcoholic beverages for on -premises consumption.
Off -Premise: Refers to the site of consumption rather than the site of sale and refers to
the sale of alcoholic beverages for off -premises consumption.
Permittee: A person who is the holder of a permit provided for in the Texas Alcoholic
Beverage Code, as amended, or an agent, servant, or employee of that person.
Premises: The grounds and all buildings, vehicles, and appurtenances pertaining to the
grounds, including any adjacent premises if they are directly or indirectly under the
control of the same person.
Person: A natural person or association of natural persons, trustee, receiver, partnership,
corporation, organization, or the manager, agent, servant, or employee of any of them.
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Private School: A school maintained by private individuals, religious organizations or
corporations, not at public expense, and open only to pupils selected and admitted by the
proprietors or governors, or to pupils of a certain religious or possessing certain
qualifications, and generally supported, in part at least, by tuition, fees, or charges.
Public School: A school established under the laws of the State (and usually regulated in
matters of detail by local authorities), in the various districts, counties, or towns,
maintained at the public expense by taxation, and open, usually without charge, to the
children of all the residents of the city, town or other district. Schools belonging to the
ZD
public and established and conducted under public authority.
Restaurant: A place located in a permanent building provided with space and
accommodations wherein, in consideration of the payment of money, hot meals are
habitually prepared, sold, and served at noon and evening, as the principal business of the
place. The term does not include pharmacies, confectionery stores, Iunch stands,
nightclubs, and filing stations.
Wine and Vinous Liquor: The product obtained from the alcoholic fermentation of juice
of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
B. Prohibited Sales: The sale of beer is not allowed in areas zoned for residential use,
including but not limited to PD -Planned Development Districts approved exclusively for
residential uses. Except as otherwise specifically allowed by the Texas Alcohol
Beverage Commission or as otherwise provided herein, no alcoholic beverages may be
sold within three hundred feet (300') of a church, public school or private school, or
public hospital. Measurement of such distance shall be in accordance with the terms of
this Ordinance and the Texas Alcoholic Beverage Code, as amended.
C. Permits
1. Fees Established: The annual permit fee for issuing a license or permit to operate,
conduct, and maintain a business establishment selling alcoholic beverages in the
Town is:
a. For stores with beer and wine sales for off -premises consumption only,
and, except as specifically exempted herein, for locations with mixed
beverage permits, the permit holder shall pay a fee equal to one-half (1/2)
of the state fee for such license and permit in effect at the time of the
initial permit application or renewal for the annual permit, as applicable.
Such fee shall be in addition to any applicable fee for a food and beverage
certificate.
b. Exemptions A mixed beverage permit is exempt from the payment of the
fee imposed by this subsection during the three-year period following the
issuance of the permit as specified in the Texas Alcoholic Beverage Code.
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C. Payment of Fee:
(i) Term. The permit fee shall be collected when the application for
such permit is submitted. This permit shall be valid only for one
year (365 days) from the date of its issuance, and if issued during
the calendar year, the fee shall be collected in full without
reduction and shall be renewed by the applicant annually thereafter
during the time that such applicant is engaged in the business of
selling alcoholic beverages within the Town. Permit applications
shall be filed with the Planning & Zoning Coordinator.
D. Zoning Compliance Required: No permit shall be granted under the terms of this
Ordinance unless the location at which the business is sought to be established and
maintained as a permitted use under the Comprehensive Zoning Ordinance of the Town
as of or after the effective date thereof.
E. Business Hours: It is unlawful for any person to sell, offer for sale, or deliver any beer,
wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage
Code, as amended, including but not Iimited to Chapter 105 of the Texas Alcoholic
Beverage Code, as amended.
F. Specific Use Permit
1. SUP Required: Except as specifically provided herein, no persons shall
manufacture, sell, offer for sale, distribute or engage in any other activity for
which a permit or license is required by the Texas Alcoholic Beverage Code
within the Town without first obtaining a Specific Use Permit to do so from the
Town. All of the provisions of the specific Use Permit procedure shall apply as
per the Town of Trophy Club's Comprehensive Zoning Ordinance, as amended.
In the event of a conflict between the general regulations governing Specific Use
Permits and the provisions contained in this section, the provisions of this section
shall control.
2. SUP Application: In order for a person to engage in the sale of alcoholic
beverages, a formai application for a SUP shall be filed with the Planning and
Zoning Coordinator with the appropriate fee established by the Town. The
Planning and Zoning Coordinator shall process the application by submitting to
the Planning and Zoning Commission for their review and recommendation to the
Town Council for approval or disapproval. The Trophy Club Town Council will
consider and approve or disapprove the granting of a SUP for the sale of alcoholic
beverages.
3. Compliance with Town Codes and Ordinances: Premises used for the sale or
consumption of alcoholic beverages shall comply with all applicable Town Codes
as follows:
a. Beer and Wine Only: A building utilized for the retail sale of beer and/or
wine for off premises consumption only shall be inspected and
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shall comply with all applicable local regulations, including but not
limited to building codes, fire codes, plumbing codes, electrical codes and
ordinances.
b. Mixed Beverages by Food and Beverage Certificate Holders: A building
utilized for the retail sale of mixed beverages for on -premises
consumption shall be inspected and shall comply with all applicable local
regulations, including but not limited to building codes, fire codes,
plumbing codes, electrical codes and ordinances.
C. Procedures Prior to Issuance of Permit: Before any certification from the
Texas Alcoholic Beverage Commission or other documentation of
approval is signed by the Town representative, such certificate or
documentation shall be submitted to the Planning and Zoning Coordinator
to assure (1) that the application complies with all provisions of this and
all applicable ordinances; (2) that a SUP application is officially filed with
the payment of applicable fees; (3) that proof is submitted that a
representative of the Texas Alcohol and Beverage Commission has
approved the submittal of an application for license; and (4) that the Chief
of Police/Director of Public Safety has reviewed the SUP application.
G. Criteria and Processing of SUP: The following general conditions apply to all Specific
Use Permits (SUP) allowing the sale of beer and wine for off premises consumption only
and allowing the sale of mixed beverages by food and beverage certificate holders only:
1. The Applicant must design and operate the establishment for which an SLIP is
sought in such a manner that the proposed use or actual use of the premises shall
not substantially increase traffic congestion or create overcrowding in the
establishment or in the immediately surrounding area.
2. The Applicant must comply with applicable licensing and permit provisions of the
Texas Alcoholic Beverage Code, as amended from the date of the issuance of the
SUP by the Town Council.
3. As required, the Applicant shall bear the burden of showing that the establishment
does not exceed the limitation on gross receipts from the sales of alcoholic
beverages applicable to its license and SUP. The Applicant shall maintain
accounting records of the sources of its gross revenue and allow the Town to
inspect such records during reasonable business hours.
4. The Applicant shall demonstrate that the granting of the SUP would not be
detrimental to the public health, safety and/or welfare of the citizens of the Town.
5. The Applicant shall, at all times, provide an adequate number of employees for
security purposes to adequately control the establishment premises to prevent
incidents of drunkenness, disorderly conduct and raucous behavior. The applicant
shall consult with the Chief of Police/Director of Public Safety who shall act in an
advisory capacity to determine the number of qualified employees necessary to
meet his/her obligation hereunder.
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6. The establishment shall provide adequate parking spaces to accommodate its
employees and patrons. Provided however, the number of parking spaces shall
never be less than those required for similar uses in that zoning district where the
establishment is located.
7. The Applicant shall operate the establishment in such a manner as to prevent
excessive noise, dirt, litter and odors in the establishment and in the surrounding
area and operate the establishment in such a manner as to minimize disturbance to
surrounding property owners and in compliance with all applicable Town
ordinances and state laws.
8. Town Council may deny a SUP if it affirmatively determines that the issuance of
such SUP is (a) incompatible with the surrounding uses or property or (b)
detrimental or offensive to the neighborhood or contrary to the health, safety, and
general welfare of the Town and its inhabitants.
9. Specific Use Permit issued under this Ordinance runs with the property and is not
affected by a change in the owner of lessee of a permitted establishment; provided
however, that the owner or lessee to whom the premises has been transferred shall
within ten (10) business days of such transfer notify the Planning and Zoning
Coordinator of such change in ownership or control of the premises for which the
SUP was issued.
10. All Specific Use Permits issued under this Ordinance shall be further conditioned
that the same may be discontinued if the use for which the SUP was granted
ceases to be operated at the permitted location for a minimum period of six (6)
continuous months, or as otherwise provided for the revocation of SDP's, as
outlined in the Comprehensive Zoning Ordinance, as amended.
H. Methods for Determining Distance Measurement
1. Church or Public Hospital. The measurement of the distance between the place of
business where alcoholic beverages are sold and a church or public hospital shall
be along the property lines of the street fronts and from front door to front door,
and in a direct line across intersections.
2. Public or Private School. The measurement of distance between the place of
business where alcoholic beverages are sold and a public or private school shall
be:
a. In a direct line from the property line of the public or private school to the
property line of the place of business, and in a direct line across
intersections; or
b. If the permit or Iicense holder is located on or above the fifth (5"') story of
a multistory building, in a direct line from the property line of the public
or private school to the property line of the place of business, in a direct
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line across intersections, and vertically up the building at the property line
to the base of the floor on which the permit or license holder is located.
I. Exception to Distance Requirements: Upon receipt of a request, the PIanning and
zoning Commission will consider and make a recommendation to the Town Council to
consider an exception to reduce the distance requirement contained in Section F above
and the Town Council shall take final action on such recommendation based upon the
criteria specified herein below.
1. A Planning and Zoning Commission recommendation to reduce the distance
requirement and final action of the Town Council to allow such reduction shall be
based upon the following. Town Council may allow an exception upon proof by
the Applicant that he/she meets the following criteria: (a) documented approval
from surrounding property owners within the distance requirements for which the
exception is sought; proof of preliminary approval from the Texas Alcohol
Beverage Commission; a determination by Council that the enforcement of the
regulations in a particular instance is not in the best interest of the public; and
after consideration of the health, safety and welfare of the public and the equities
of such regulation, the Council determines that the exception is in the best interest
of the community.
2. The Town Council shall have the authority to grant an exception under this
Section for temporary special events after review and recommendation by the
Planning and Zoning Commission. For such events, both the Planning and
Zoning Commission and the Town Council shall consider: hours of the event,
impact on surrounding area; estimated number of participants; personal and
property security; duration and other health, safety and welfare considerations as
deemed appropriate and necessary by the Town Council.
3. No exception may be granted hereunder except after a public hearing for which
notice has been given to owners of real property within 300 feet (or 1,000 feet if
applicable) of the location of the proposed business or of the proposed location
for temporary special event. Such notice must be given not less than ten (10) days
before the date set for hearing.
I Exemption From SUP Process For Existing Private Club Operations
1. All existing businesses that, as of the effective date of this Ordinance, operate and
hold a permit from the Texas Alcohol Beverage Commission to operate as a
private club and that operate legally under the Town's Comprehensive Zoning
Ordinance shall be allowed to continue without obtaining an SUP from the Town
as long as (1) the location of the business does not change; and (2) the type of
business or the type of use from the location within that zoning district remains
the same; and (3) such use continues to comply with all applicable ordinances of
the Town. Such establishments shall comply with all other requirements of this
Ordinance and the ordinances of the Town, including but not limited to those
regulations relating to permits and fees. At the time of application for a permit,
the Applicant shall supply all pertinent information to the Planning and Zoning
Coordinator for registering such use with the Town as required by this Ordinance.
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K. Possession or Consumption Prohibited in Certain Areas
1. Athletic Fields Parks or Public Areas: It shall be unlawful for any person to
possess an open alcoholic beverage container or consume any alcoholic beverage
in any Town owned or controlled athletic field and all parking lots servicing such
athletic fields except as specifically approved by the Town Council, ordinance, or
Town Council approved policy which governs such conduct. It shall be unlawful
for any person to possess an open alcoholic beverage container or consume any
alcoholic beverage, as defined by the Texas AIcoholic Beverage Code in any
Town owned or controlled park, including reserved area(s) within any park,
playground, recreation center or any other area in the Town owned or used by the
Town and devoted to active or passive recreation, including all planted
expressways, all parking lots servicing parks and public areas, parkways,
triangles, and traffic islands maintained by the Town except as specifically
approved by the Town Council, ordinance, or Town Council approved policy
which governs such conduct.
2. Schools and School Activities: It shall be unlawful for any person to possess an
open container or consume any alcoholic beverage on a public street, public alley,
or public sidewalk within 1,000 feet of the property line of a facility that is a
public or private school, including a parochial school, that provides all or any part
of pre -kindergarten through twelfth grade in the buildings or on the grounds of
any public school in the Town limits or at any school related activity conducted
within the Town limits.
L. Miscellaneous Provisions:
Reserved for Expansion.
SECTION 3.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to any and
all violations of the provisions of any Ordinance affecting standards for beer & wine sales (off
premise consumption only) and the sale of mixed beverages in restaurants by food and beverage
certificate holders only which have accrued at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
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pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross.and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the Ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
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PASSED AND APPROVED by the Town.6ouncfl,& the;'own of f'rophy Club, Texas,
this I" day of March, 2004.
Effective Date: March 6, 2004
ATTEST:
Town Secretary
Town of TrophpClub, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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of Tro�Ky Club, Texas
[SEAL]