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Council Passes Ordinance On Alchololic Beverage Sales Licensing

Tyler County Booster

As most readers are aware, Woodville voters in the November election approved propositions permitting the legal sale, for consumption upon a restaurant’s premises, of mixed alcoholic drinks, wine, beer and ale by a holder of a certificate for food and beverage. The vote also approved the legal sale for off premise consumption only of wine and beer. These stores and restaurants must apply for permits and licenses to the Texas Alcoholic Beverage Commission (TABC). All applications for these permits and licenses processed by the TABC under the Alcoholic Beverage Code (ABC) must be sumitted to the City Secretary for approval and signature. Because the City is inseparable from the process, Council Monday, during a special meeting, passed an ordinance that establishes annual permits and licenses that are required by the City of Woodville, and fees for applications for permits and licenses. Manie Whitmeyer is shown with her children and Tyler County Judge Jacques Blanchette Commissioners Recognize Whitmeyers Tyler County Commissioners last week recognized Jack and Manie Whitmeyer for their contributions to Tyler County and for the difference they have made “which supports the present, preserves the past, and provides opportunities for the future.” The Whitmeyers have been an active part of the county for decades. Jack, who died recently, is familiar to everyone who has spent any time at Heritage Village. The Whitmeyer Geneological Libray located there is named after them. Due to the interest in the issue, and the detail in the ordinance, the entire text of the ordinance follows. ORDINANCE NO. 20101115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODVILLE, TEXAS (“CITY”), ESTABLISHING THAT ANNUAL PERMIT AND LICENSES ARE REQUIRED AND ESTABLISHING FEES FOR APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS ALCOLOLIC BEVERAGE CODE; ESTABLISHING PROCESSING PROCEDURES AND FEES FOR APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PROHIBITION AGAINST SALES OF ALCOHOLIC BEVERAGES IN CERTAIN LOCATIONS; PROVIDING MEASUREMENT OF DISTANCE FOR CERTAIN LOCATIONS; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City ofWoodville, Texas (“City Council”) understands that a local option election was held on November 2, 2010; and WHEREAS, the local option election permitting the legal sale, for consumption upon a restaurant’s premises, of mixed alcoholic drinks, wine, beer and ale by a holder of a certificate for food and beverage; the said certificate for food and beverage requiring food service to be available on the premises and gross receipts of alcoholic beverages not to exceed fifty percent of total gross receipts; and WHEREAS, by election held on November 2, 2010; permitting the legal sale for off premise consumption only of wine and beer, and the legal sale of mixed beverages in restaurants by food and beverage certificate holders only, passed. All applications for permits and licenses (“Applications”) processed by the Texas Alcoholic Beverage Commission (“TABC”) under the Alcoholic Beverage Code (“ABC”) must be submitted to the City Secretary for approval and signature; and WHEREAS, before the City Secretary can sign the Applications, they must be processed by the appropriate City departments to ensure that all local ordinances and regulations are complied with; and WHEREAS, the City Council finds that the costs of processing the Applications should be defrayed by collecting processing fees from the Applicants (“Processing Fee); WHEREAS, the ABC authorizes the City to collect local fees for permits and licenses equal to one-half of the State of Texas fee for permit or license (“Permit Fee”); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens ofWoodville to pass this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOOVILLE, TEXAS: SECTION 1: Findings incorporated The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2: Permit Required and Annual Permit Fee Established. It shall be unlawful for any person to import, transport, store for purposes of sale, distribute or sell any alcoholic beverage within the City without having first paid an annual Permit Fee to the City equal to one-half of the State of Texas fee required by the TABC of every person that may be issued any permit or license or renew such permit or license by the State for the manufacture, distilling, brewing, importing, transporting, storing, distributing or sale of any alcoholic beverage. Except as otherwise set forth herein, the Permit Fee shall be paid to the City Secretary upon original application and then annually for permit renewal. The City Secretary shall issue a receipt for the Permit Fee and keep a record of same in the City Secretary’s office. All receipts issued for the payment of Permit Fees under the terms of this section shall terminate at midnight on the day before the anniversary date of their issuance, and no receipt shall be issued covering a longer term than one year. All permit fees are non-refundable. SECTION 3: Processing Procedures Established. Before the City Secretary shall sign any application for a permit or license under the ARC, or any annual renewal, such Application shall be submitted to the appropriate City departments, as determined by the City Administrator, to ensure that the Application complies with all City ordinances and regulations and are for establishments located in a wet area. SECTION 4: Annual Processing Fee Established. An annual Processing Fee in the amount of $250.00 shall be charged by the City Secretary for accepting any Application or renewal. The City Secretary shall issue a receipt for the Processing Fee and keep a record of the same in the City Secretary’s office. All receipts issued for payment of Processing Fees under the terms of this section shall terminate at midnight on the day before the anniversary date of their issuance, and no receipt shall be issued covering a longer term than one (1) year. All Processing Fees are non-refundable. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Prohibition against Sales of Alcoholic Beverages in Certain Locations It shall be unlawful for any person to engage in the business of, or to sell, alcoholic beverages within three hundred (300) feet of a church, public or private school or public hospital. SECTION 7; Measurement of Distance (a) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be 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. (b) 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 direct line across intersections. (c) Subsection 7 (a) does not apply to the holder or applicant of or for an alcohol license or permit who also holds a food and beverage certificate at the same premises that is located within three hundred (300) feet of a private or public school. Therefore, the measurement of distance between their place of business where alcoholic beverages are sold and a public or private school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. SECTIONS: Severabilitv. Should any section, subsection, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this ordinance shall remain in full force and effect. The city of Woodville hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage. PASSED by the City Council of the City of Woodville, Texas, on this the 15, day of November, 2010. Ben R. Bythewood, III, Mayor ATTEST: Terri Bible, City Secretary

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