ORD 2011-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 3 ENTITLED "ESTABLISHMENT OF
DISTRICTS" OF CHAPTER 13 ENTITLED "ZONING" OF THE CODE
OF ORDINANCES AND AMENDING ARTICLE 5 ENTITLED "SALE OF
ALCOHOLIC BEVERAGES" OF CHAPTER 13 ENTITLED "ZONING'
OF THE CODE OF ORDINANCES TO PROVIDE REGULATIONS FOR
THE SALE OF ALCOHOLIC BEVERAGES FOR OFF -PREMISE
CONSUMPTION AS MORE FULLY SET FORTH IN THE ORDINANCE;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AMENDMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY
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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 21, 2011, the Town of Trophy Club, Texas (hereinafter
referred to as 'Town") was presented with a petition for a Local Option Election to
legalize the retail sale of alcoholic beverages for off -premises consumption; and
WHEREAS, upon receipt and verification of the petition for Local Option Election,
the Town Council ordered that a Local Option Election be held on May 14, 2011; and
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 liquor stores that sell
alcoholic beverages for off -premise consumption; 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:
ORD 2011-17 Page 1 of 7
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.
AMENDMENTS
2.01 Subsection "G" entitled "Retail" of Section 3.02 entitled "Classification of New and
Unlisted Properties" of Article 3 entitled "Establishment of Districts" of Chapter 13
entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club is hereby
amended to rename and renumber Section 3.02 so that it shall be Section 3.03 with the
new title "Use Table", and to add a classification for Liquor Store which shall be and
read in its entirety as follows and all other sections and subsections of 3.03 and 3.03(G)
shall remain the same.
3.03 Use Table.
2.02 Subsection "A" entitled "Definitions" of Section 5.02 entitled "Sale of Alcoholic
Beverages" of Article 5 entitled "Supplementary District Regulations" of Chapter 13
entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club is hereby
amended to add a definition for "Liquor Store" which shall be placed in alphabetical
order and shall be and read in its entirety as follows and all other sections and
subsections of 5.02(A) shall remain the same.
"Liquor Store: A business that sells alcoholic beverages 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."
2.03 The first paragraph of Subsection 3 entitled "Compliance with Town Codes and
Ordinances— On -Premises Sale and Consumption" of Section "F" entitled "Specific Use
ORD 2011-17 Page 2 of 7
District Classifications
Permitted UsesR
15
R-
12
R-
11
R-
10
R-
9
R-
8
R-
FV
R-
TT
R-
OH
R-
OHP
R -S
MH
CG
CR
NS
PO
GU
G. Retail
Linunr Store
2.02 Subsection "A" entitled "Definitions" of Section 5.02 entitled "Sale of Alcoholic
Beverages" of Article 5 entitled "Supplementary District Regulations" of Chapter 13
entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club is hereby
amended to add a definition for "Liquor Store" which shall be placed in alphabetical
order and shall be and read in its entirety as follows and all other sections and
subsections of 5.02(A) shall remain the same.
"Liquor Store: A business that sells alcoholic beverages 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."
2.03 The first paragraph of Subsection 3 entitled "Compliance with Town Codes and
Ordinances— On -Premises Sale and Consumption" of Section "F" entitled "Specific Use
ORD 2011-17 Page 2 of 7
Permit' of Section 5.02 entitled "Sale of Alcoholic Beverages" of Article 5 entitled
"Supplementary District Regulations" of Chapter 13 entitled "Zoning" of the Code of
Ordinances of the Town of Trophy Club is hereby repealed and a new first paragraph of
Subsection 3 of Section "F" is hereby adopted and shall be and read in its entirety as
follows and all other sections and subsections of 5.02(F)(3) shall remain the same.
"F. Specific Use Permit.
3. Compliance - On -Premises Sale and Consumption. Compliance with
Town Codes and Ordinances for on -premises sale and consumption of
alcoholic beverages as follows:
2.04 Subsection "F entitled "Specific Use Permit' of Section 5.02 entitled "Sale of
Alcoholic Beverages" of Article 5 entitled "Supplementary District Regulations" of
Chapter 13 entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club is
hereby amended to add Subsection 4 which is hereby adopted and shall be and read in
its entirety as follows:
"F. Specific Use Permit.
4. Compliance - Off -Premises Consumption. Compliance with Town Codes and
Ordinances is required for sale of alcoholic beverages for off -premises
consumption in a Liquor Store, and the Specific Use Permit (SUP) application
shall show documentation of compliance with the following:
a. Liquor Store:
i. That a SUP application for a Liquor Store is submitted in its entirety,
without omissions, and
ii. That the application is officially filed with the payment of applicable
fees; and
ii. That the application complies with all provisions of this and all
applicable ordinances; and
iv. That the application complies with the following development
conditions:
a. A Liquor Store shall not have walk-up window access, and shall
not have drive-through or drive -up access.
ORD 2011-17 Page 3 of 7
b. A Liquor Store shall operate in a premise that is 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.
b. Additional Development Conditions: The Council may attach additional
development conditions 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."
2.05 The heading of Subsection "G" entitled "Criteria and Processing of SUP" of
Section 5.02 entitled "Sale of Alcoholic Beverages" of Article 5 entitled "Supplementary
District Regulations" of Chapter 13 entitled 'Zoning" of the Code of Ordinances of the
Town of Trophy Club is hereby amended so that the heading of Subsection "G" shall be
and read as follows:
"G. Criteria and Processing of SUP. The following general conditions apply to all
Specific Use Permits (SUP) allowing: 1) the sale of beer and wine for off premises
consumption only, or 2) the sale of alcoholic beverages for off -premises consumption
only, or 3) the sale of mixed beverages by food and beverage certificate holders only:
2.06 Subsection G(8) of Section 5.02 entitled "Sale of Alcoholic Beverages" of Article
5 entitled "Supplementary District Regulations" of Chapter 13 entitled `Zoning" of the
Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety.
"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."
2.07. Section 5.02 entitled "Sale of Alcoholic Beverages" of Article 5 entitled
"Supplementary District Regulations" of Chapter 13 entitled 'Zoning" of the Code of
Ordinances of the Town of Trophy Club is hereby amended to add a new Section H
entitled "Denial of SUP" which shall be and read in its entirety as follows:
ORD 2011-17 Page 4 of 7
H. Denial of SUP. Town Council may deny an SUP if it affirmatively determines
that the issuance of such SUP:
1. a. Is Incompatible with the surrounding uses or property; or
b. 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 non-compliance with the development conditions
outlined in the "SUP Application -Liquor Store", is found to be in non-
compliance with the requirements established by the Town Council
pursuant to Section 5.02(F)(4)(b) of this Article, or is found to be in non-
compliance with any other Town ordinances, including without limitation
failure to comply with any one or more of the provisions of Section
5.02(F)(4).
2.08 Section 5.02 entitled "Sale of Alcoholic Beverages" of Article 5 entitled
"Supplementary District Regulations" of Chapter 13 entitled "Zoning" of the Code of
Ordinances of the Town of Trophy Club is hereby amended to re -alphabetize the
following Sections, and all substantive provisions of each of the following sections shall
remain the same in their entirety:
Section "H" entitled "Methods for Determining Distance Measurements" shall be
re -alphabetized to Section "I" entitled "Methods for Determining Distance
Measurements"
Section "I" entitled "Exception to Distance Requirements" shall be re -alphabetized
to Section "J" entitled Exception to Distance Requirements"
Section "J" entitled "Exemption From SUP Process for Existing Private Club
Operations" shall be re -alphabetized to Section "K" entitled "Exemption From SUP
Process for Existing Private Club Operations".
Section "K" entitled "Possession or Consumption Prohibited in Certain Areas" shall
be re -alphabetized to Section "L" entitled "Possession or Consumption Prohibited
in Certain Areas".
Section "L" entitled "Miscellaneous Provisions" shall be re -alphabetized to Section
"M" entitled "Miscellaneous Provisions".
SECTION 3.
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 beer & wine sales (off
premise consumption only), the sale of mixed beverages in restaurants by food and
beverage certificate holders only, and/or the sale of alcoholic beverages for off -
ORD 2011-17 Page 5 of 7
premises consumption 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 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 4.
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 5.
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 6.
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 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.
ORD 2011-17 Page 6 of 7
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.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of May, 2011.
IMUC9I1
n )
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ORD 2011-17 Page 7 of 7