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ORD 2024-26 SUP Pour SportsTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-26 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY POUR SPORTS RESTAURANT, 2230 E SH 114 #500 OF TC TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 30; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant seeks to sell alcoholic beverages, including beer and w ine , fo r on-premises consumption in conjunction with a restaurant use operated by Pou r Sports Restaurant , located at 2230 ESH 114 #500 of TC Town Center ; and WHEREAS, a ll lega l requirements and conditions were complied with , and after pub li c not ices we re given in compliance with State law and public hearings we re conducted , and after considering the information submitted at those public hearings and a ll other re levant information and materials , the Planning & Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance ; and WHEREAS , after due deliberations and consideration of the recommendation of the Plann ing & Zoning Commission and the information and other materials received at the pub li c hearing , the Town Council has concluded that the adoption of this Ord inance is in t he best interests of the Town of Trophy Club , Texas and of the public health , safety , and we lfare . 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 here in and made a part hereof for all purposes. ORDINANCE NO .2024-26 PAGE2 SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified , and all other provisions of the Ordinances of the Town of Trophy Club , codified or uncodified , not in conflict with the provisions of this Ordinance , shall remain in full force and effect. Notwithstanding the foregoing, any complaint , action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY The sections , paragraphs , sentences, phrases, clauses and words of this Ordinance are severable, and if any section , paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance despite such inval idity, which remaining portions shall remain in full force and effect. SECTION 5. 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 hereof shall be fined , upon conv iction , in an amount not less than One Dollar ($1 .00) nor more than Two Thousand ORDINANCE NO .2024-26 PAGE3 Do ll ars ($2 ,000.00), and a separate offense shall be deemed committed each day du ring or on wh ich a vio lation occurs or continues . The pena lty provided by this section shall be c umul at ive of all other penalties allowed by law , including without limitation , civil remedies ava il able for enforcement of th is Ordinance . SECTION 6. PUBLICATION T he Town Secretary of the Town of Trophy Club is hereby directed to publ ish the Caption , Penalty and Effective Date of this Ord inance as required by Section 3 .16 of the Town 's Charter. SECTION 7. EFFECTIVE DATE T hi s Ord inance shall become effective from and after its date of adoption and pub li ca ti on as provided by law , and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas , t hi s 23 rd day of September 2024 . ~ APPROVED AS TO FORM : Dea ~