ORD 2017-29 P&Z Alcoholic beverage sales Homewood TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-29 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING A SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE
SALES FOR OFF-PREMISE CONSUMPTION OF BEER AND WINE
ONLY, SPECIFICALLY SOLD FROM THE SUITE SHOP WITHIN
HOMEWOOD SUITES, LOCATED ON LOT 1 OF PD PLANNED
DEVELOPMENT #34; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING
APPLICABLE REGULATIONS/DISCONTINUATION/REVOCATION;
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 applicant seeks to sell beer and wine only for off-premise
consumption specifically from the Suite Shop within Homewood Suites; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the Specific Use Permit came before the Planning & Zoning Commission; and
WHEREAS, after public notices were given in compliance with State law and a
public hearing was conducted, and after considering the information submitted at the
public hearing 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
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission and the information and other materials received at
the public hearings, the Town Council has concluded that the adoption of this Ordinance
amending the Comprehensive Zoning Ordinance of the Town is in the best interests of
the Town of Trophy Club, Texas and of the public health, safety and welfare.
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.
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 #34 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 #34 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) months. Further, this Specific Use Permit shall be subject to
revocation in accordance with the Town 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.
ORD 2017-29 P&Z Page 2 of 4
SECTION 4.
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
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 5.
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 invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PUBLICATION
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 7.
ENGROSSMENT AND ENROLLMENT
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.
SECTION 8.
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.
ORD 2017-29 P&Z Page 3 of 4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 14th day of November 2017.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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APPROVED AS,TO FORM:
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J. David D d , Town Attorney
Town/fYrophy Club, Texas
ORD 2017-29 P&Z Page 4 of 4