ORD 2016-45 P&Z TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-45 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02.052, "DEFINITIONS", SECTION 14.02.103,
"USE TABLE", AND SECTION 14.02.252, "SALE OF ALCOHOLIC
BEVERAGES" OF CHAPTER 14, "ZONING" OF THE TOWN OF
TROPHY CLUB CODE OF ORDINANCES; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN;
PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS
AND REPEALER CLAUSE; 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 SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town of Trophy Club desires to amend Section 14.02.052,
"Definitions", Section 14.02.103, "Use Table", and Section 14.02.252, "Sale of Alcoholic
Beverages" in the zoning regulations of the Code of Ordinances to allow for
amendments to the Town's alcoholic beverage regulations by adding provisions for bars
and taverns, amended performance criteria as well as other amendments; and
WHEREAS, notice of a public hearing before the Town Council was published in
a newspaper of general circulation in Trophy Club at least 15 days before such hearing.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1. THAT The above and foregoing premises are true and correct and
are incorporated herein and made a part hereof for all purposes.
SECTION 2. THAT Section 14.02.252, "Definitions", in the zoning regulations of
the Code of Ordinances, is hereby amended by adding the
definition of a "Bar / Tavern" and replacing the definition of a
"Restaurant or café" as follows:
"Bar/ Tavern - An establishment that derives 75 percent or more of
the establishment's gross revenue from the on-premise sale of
alcoholic beverages."
"Restaurant or cafe. An establishment building or portion of a
building, where the primary business is the on- premises sale of
prepared food, with adequate facilities for the preparation of the
food to be sold, the adequacy of said kitchen facilities to be based
upon the seating capacity of the restaurant and the type of menu
offered. Said establishment may serve alcohol with a valid Texas
Alcoholic Beverage Commission License as long as the
establishment derives less than 75 percent of its gross revenues
from alcohol sales and includes all indoor and outdoor seating
areas, kitchen, bar area, restrooms and lobby."
SECTION 3. THAT Section 14.02.103, "Use Table", in the zoning regulations of
the Code of Ordinances, is hereby amended as follows:
A. The following uses are hereby deleted from Section 14.02.103, "Use Table":
(1) "Beer and wine sales (off-premises consumption only)"
(2) "Liquor store"
(3) "Restaurant w/alcoholic beverage sales"
(4) "Sales of mixed beverages in restaurants by food and beverage
certificate holders only"
B. The following uses are hereby added to Section 14.02.103, "Use Table":
(1) "Alcoholic Beverage Sales for Off-Premises Consumption (Beer
& Wine Only)" - Permitted in the CG, CR, NS, PO, GU zoning
districts with a Specific Use Permit (SUP)
(2) "Alcoholic Beverage Sales for Off-Premises Consumption —
Liquor (Package) Store" - Permitted in the CG zoning district
with a Specific Use Permit (SUP)
(3) "Alcoholic Beverage Sales for On-Premise Consumption in
Conjunction with a Restaurant use" - Permitted in the CG, CR,
NS, PO, GU zoning districts with a Specific Use Permit (SUP)
(4) "Alcoholic Beverages for On-Premise Consumption - Bar or
Tavern"- Permitted in the CG, CR zoning district with a Specific
Use Permit (SUP)
SECTION 4. THAT Section 14.02.252, "Sale of Alcoholic Beverages", in the
zoning regulations of the Code of Ordinances, is hereby amended
in its entirety to read as follows:
"Sec. 14.02.252 Sale of alcoholic beverages
(a) Definitions. For the purposes of this ordinance, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
ORD 2016-45 P&Z Page 2 of 13
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.
Applicant. A person who submits or files an original or renewal application with
the town, the county judge, or the Texas Alcoholic Beverage Commission for a
license or permit.
Bar / Tavern. - An establishment that derives 75 percent or more of the
establishment's gross revenue from the on-premise sale of alcoholic beverages.
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.
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.
Liquor (Package) store. A business that sells alcoholic beverages, including
liquor as defined herein, for consumption off-premises. For the purposes of this
ordinance, the term "liquor store" shall exclude grocery stores or convenience
stores in which beer and/or wine is offered for sale as a minor part of an overall
larger inventory of goods. It shall also exclude a restaurant that is otherwise
operating in accordance with its approved liquor license and all other provisions
of this ordinance.
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[of] 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.
Off-premises. Refers to the site of consumption rather than the site of sale and
refers to the sale of alcoholic beverages for off-premises consumption.
ORD 2016-45 P&Z Page 3 of 13
On-premises. Refers to the site of consumption rather than the site of sale and
refers to the sale of alcoholic beverages for on-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.
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.
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.
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 [religion] 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 public and established and conducted
under public authority.
Restaurant. An establishment where the primary business is the on-premises
sale of prepared food, with adequate facilities for the preparation of the food to
be sold, the adequacy of said kitchen facilities to be based upon the seating
capacity of the restaurant and the type of menu offered. Said establishment may
serve alcohol with a valid Texas Alcoholic Beverage Commission License as long
as the establishment derives less than 75 percent of its gross revenues from
alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar
area, restrooms and lobby.
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.
Prohibited sales. The sale of alcoholic beverages 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 Alcoholic 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
ORD 2016-45 P&Z Page 4 of 13
hospital. Measurement of such distance shall be in accordance with the terms
of this ordinance and the Texas Alcoholic Beverage Code, as amended.
(b) 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) Exemption. 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.
(C) Payment of fees.
(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 and zoning coordinator.
(c) 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 [is] a permitted use under the comprehensive
zoning ordinance of the town as of or after the effective date thereof.
(d) 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 limited to chapter 105
of the Texas Alcoholic Beverage Code, as amended.
(e) Specific use permit (SUP).
ORD 2016-45 P&Z Page 5 of 13
(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'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 formal 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 town council will consider and
approve or disapprove the granting of a SUP for the sale of alcoholic
beverages.
(3) Compliance Required. Compliance with town codes and ordinances
[is required] for on-premises sale and consumption of alcoholic
beverages as follows:
(A) Alcoholic Beverage Sales for Off-Premises Consumption (Beer &
Wine Only). A building utilized for the retail sale of beer and/or
wine for off-premises consumption only 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.
(B) Alcoholic Beverage Sales for Off-Premises Consumption — Liquor
(Package) Store. The following provisions shall be required for
liquor(package) stores:
i. A liquor (package) store shall not have walk-up window
access, and shall not have drive-through or drive-up access.
ii. A liquor (package) store shall operate in premises
that are not physically completely separate from any other
business and the exterior design of the store shall show
evidence of coordination with contextual influences of
neighboring properties in regard to building setbacks,
orientation, and relationship of structures to each other and
to the street. The layout of the site shall respect and build
upon the arrangement of buildings, open spaces and
landscape elements of adjacent sites.
ORD 2016-45 P&Z Page 6 of 13
(C) Alcoholic Beverage Sales for On-Premise Consumption in
Conjunction with a Restaurant Use. A restaurant utilized for the
retail sale of alcoholic 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.
(D) Alcoholic Beverages for On-Premise Consumption - Bar or
Tavern. A bar or tavern 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. The following additional provisions shall be required
for bars or taverns:
A bar or tavern shall not be located closer than 300 feet to
any property used exclusively for religious or educational
purposes. The method of measurement shall be along the
property lines of the street fronts and from front door to front
door, and in direct line across intersections. A hotel shall not
be considered a residential use for the purpose of this
section.
ii. The Town Council shall have full discretion to approve or
deny an SUP application for a bar or tavern and may impose
any reasonable condition deemed necessary by the Council,
including SUP expiration provisions, business name and
signage, and change of ownership requirements to ensure
community health, safety and welfare in approving a bar or
tavern.
(E) 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:
(i) That the application complies with all provisions of this
and all applicable ordinances;
(ii) That a SUP application is officially filed with the payment of
applicable fees;
(iii) That proof is submitted that a representative of the
Texas Alcoholic Beverage Commission has approved the
submittal of an application for license; and
ORD 2016-45 P&Z Page 7 of 13
(iv) That the chief of police/director of public safety has
reviewed the SUP application.
(4) Additional development conditions/waivers. The council may attach
additional development conditions, or grant specific waivers to
applicable code requirements, to the specific use permit that the
council, in its discretion, determines are appropriate for buffering,
safety, security, and compatibility for and to adjacent properties.
(5) Criteria and processing of SUP. The following general conditions
apply to all specific use permits (SUP) allowing the sale of any
alcoholic beverages:
(A) The applicant must design and operate the establishment for
which an SUP 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.
(B) 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.
(C) 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.
(D) 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.
(E) 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.
ORD 2016-45 P&Z Page 8 of 13
(F) 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.
(G) 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.
(H) Unless specified as a condition of approval by the Town Council
for an SUP, a specific use permit issued for any alcoholic
beverage sales under this ordinance shall automatically
expire upon a change in use of the property, change of
ownership to the property and/or business and/or upon
the revocation, termination or expiration of the
certificate of occupancy.
(I) 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 SUPs,
as outlined in the comprehensive zoning ordinance, as
amended.
(6) Denial of SUP. The town council may deny an SUP if it affirmatively
determines that the issuance of such SUP:
(A) Is incompatible with the surrounding uses or property; or
(8) Is detrimental or offensive to the neighborhood or contrary to the
health, safety, and general welfare of the town and its
inhabitants; or
(C) Is found to be in noncompliance with any town ordinances,
including without limitation failure to comply with any one or more
of the provisions of this section.
(f) Methods for determining distance measurement.
ORD 2016-45 P&Z Page 9 of 13
(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 license holder is located on or above the fifth
(5th) 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 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.
(g) Exception to distance requirements. Upon receipt of a request, the planning
and zoning commission will consider and make a recommendation to the town
council to consider an exception to reduce the distance requirement contained in
this section 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. The town council
may allow an exception upon proof by the applicant that he/she
meets the following criteria: documented approval from surrounding
property owners within the distance requirements for which the
exception is sought; proof of preliminary approval from the Texas
Alcoholic 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
ORD 2016-45 P&Z Page 10 of 13
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.
(k) Specific use permits and applications in existence as of October 11, 2016. Any
existing SUP for the sale of alcoholic beverages for on-premise consumption for
which the SUP was either issued, or for which an application was received, prior
to October 11, 2016 and said SUP has not expired, or said application has not
been approved by the Town Council, said establishment shall not sell alcoholic
beverages such that the gross receipts from alcohol sales exceed 50 percent all
gross receipts from all sales by the establishment. A new SUP must be granted
by the town council in compliance with the requirements of this section in order to
increase any alcohol-to-food-sales ratio for on-premise alcohol sales for any
existing establishment and for any unapproved SUP where an active application
has been submitted.
(h) 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 Alcoholic 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,
ORD 2016-45 P&Z Page 11 of 13
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."
SECTION 5. THAT 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.
SECTION 6. THAT 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 7. THAT 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 conviction, in an amount
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. The penalty provided by this section shall be cumulative
of all other penalties allowed by law, including without limitation,
civil remedies available for enforcement of this Ordinance.
SECTION 8. THAT 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 invalidity, which remaining portions shall remain in full force
and effect.
ORD 2016-45 P&Z Page 12 of 13
SECTION 9. THAT the Town Secretary of the Town of Trophy Club is hereby
directed to publish, the Caption, Penalty and Effective Date Clause
of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 10. THAT the Town Secretary of the Town of Trophy Club is hereby
directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town and in accordance
with the Town Charter.
SECTION 11. THAT this Ordinance shall become effective from and after its date
of adoption and publication as provided by law, and it is so
ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 11th day of October 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Holly Fimbr s, Town Secretary
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Town of Trophy Club, Texas �a
l'ZO .D TO AS FORM:
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David Dodd III, Town Attorney
own of Trophy Club, Texas
ORD 2016-45 P&Z Page 13 of 13