HomeMy WebLinkAboutPO 5236 ALCOHOLIC BEVERAGESI N T E R
MEMO
To:
From:
Subject:
Date:
Mayor, City Council & City Manager
Mark T. Sokolow, City Attorney ~ ~
P. O. No. 5236 - January 8, 2002 Council Meeting
January 3, 2002
Attached is P. O. 5236 which pertains to amending Section 6-35, of Chapter
6 Alcoholic Beverages of the Code of Ordinances as it pertains to the proximity to
church, public or private schools, or public hospital and the sale of alcoholic
beverages, providing for a penalty, providing for publication, and providing for an
effective date. Thc state law has recently been amended to allow cities to prohibit
the sale of alcoholic beverages witNn 300 feet or in some cases, 1000 feet of a
private school. This issue was brought up by Mr. Collins, Interim Superintendent of
Schools of the Diocese of Beaumont who is protesting the permit application of
Sparkles for 3622 Gulfway Drive.
Attachment: Letter of Mr. Collins
Sokolow letter to Collins
Section 109.33 Alcoholic Beverage Code
P. O. No. 5236
CC:
Chief Tyler
Dale Watson, Director of Planning
Mr. Michael J. Collins VIA FACSIMILE (409) 838-4511
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Attachment
z. po5236.mcmo
P.O. 5236
01/03/02 ts
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 6-35 OF
CHAPTER 6 OF THE CODE OF ORDINANCES OF THE
CITY OF PORT ARTHUR AS IT PERTAINS TO
PROXIMITY TO CHURCH, PUBLIC OR PRIVATE
SCHOOL OR PUBLIC HOSPITAL AND THE SALE OF
ALCOHOLIC BEVERAGES WITHIN 300 FEET,
PROVIDING FOR A PENALTY OF UP TO $2000 I~ER
DAY PER INCIDENT, PROVIDING FOR PUBLICATION
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council deems it is in the best interest of the City to amend
Section 6-35 of Chapter 6 Alcoholic Beverages of the City of Port Arthur Code of
Ordinances to add a 300 foot prohibition of the sale of alcoholic beverages from private
schools as allowed under the new Section 109.33 Alcoholic Beverage Code as adopted by
the 77th Legislature.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. The facts and opinions in the preamble are true and correct.
Section 2. That Section 6-35 of Chapter 6 of the Code of Ordinances, City of
Port Arthur, is hereby amended to read as follows:
"Section 6-35
(a) No dealer of alcoholic beverages whose place of business is within
300 feet of a church, public or private school, or public hospital shall
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(b)
sell alcoholic beverages.
The measurement of the distance between the place of business
where alcoholic beverages are sold and the chumh 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. The
measurement of the distance between the place of business where
alcoholic beverages are sold and the public or private school shall
(c)
be~
(1) 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
(2) if the permit or license holder is located on or above the fifth
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.
As to any dealer who held a license or permit on September 1, 1983,
in a location where a regulation under this section was in effect on
that date, for the purposes of Subsection (a),the measurement of the
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(d)
(e)
distance between the place of business of the dealer 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.
The City Council may also allow variances to the regulation if the
City Council determines that enforcement of the regulation in a
particular instance is not in the best interest of the public, constitutes
waste or inefficient use of land or other resoumes, creates an undue
hardship on an applicant for a license or permit, does not serve its
intended propose, is not effective or necessary, or for any other
reason the City Council, after consideration of the health, safety, and
welfare of the public and the equities of the situation, determines is
in the best interest of the community.
Subsection (a) does not apply to the holder of:
(1) a license or permit who also holds a food and beverage
certificate covering a premise that is located within 300 feet
of a private school; or
(2) a license or permit covering a premise where minors are
prohibited from entering under Section 109.53 Alcoholic
Beverages Code, V.T.C.A. and that is located within 300 feet
of a private school.
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(f) In this section, "private school" means a private school, including a
parochial school that:
(1) offers a course of instruction for students in one or more
grades from kindergarten through grade 12; and
(2) has more than 100 students enrolled and attending courses at
single location.
(g) A person convicted of a violation of this Section shall be punished
by a fine not to exceed $2000. Each act of violation and each day
upon which such a violation shall occur shall constitute a separate
offense."
Section 3. That this being an Ordinance requiring publication, it shall take
effect and be in fome ten (10) days from and after the publication of the caption hereof.
Section 4. That a copy of the caption of this Ordinance be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES: Mayor_ ., City Council ,
NOES:
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ATTEST:
CAROLYN DIXON, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
OSCAR ORTIZ, MAYOR
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Sec. 10933. SALES NEA~ SCHOOL, C~uRC'H. OR IIO$1'ITAL (a) The
co,~a,ission~z court of a cooaty may erect regulationz ~plicable iu areas in th~ couaty ouulde
an incorporated city or towa, aad thc gevcralng board of aa mc, ortxnat~d civy or town may enact
rcgolatio~s applicable in thc city or town. prohibit~ the sale of alcoholic 10cvcragc. s by a deal~
whose place of business is within:
(1) $00 f~t of a church, public or mivate school, or public hospital; ~
(2) 1,000 fe~t of a public school, if thc coual~i~ionct$ court or the goveraing
body receivcs a re. quest fi.ora t~ae boa~ of lrustees of a school district under Sectioz~ 38.007,
Education Code; .qr
NO~'E: ~-'tion 38.007, £duc. ation Code. Alcohol-~ee School Zones reads as follows:
(a) 2~he board gt' tru.~_ee~ ora school distr~t shall prohibtt the use of alcolu~lic bev~'age~ at a
school-related or school-sanctioned actMt~' on or off $chool prop~y.
(b) 2'he board of trustees of a school district shall att~rnd~t to provide a safe alcohol-free
environtnent to ~tudtnts coming to or going from school. 2-he board of ~u~tees may
cooperate with local law enforcement oj~cials and the Texas Alcoholic Beverage
Commission in attempting to provide tId~ envlronrneffl and in ~forcing Sections lO1.75,
109.33, and 109.50..41cotwlic Beverage Co~ ~lditlonal~, the board, ifa majority of the
area of a district is located in a municipali.tv of a population of 900,000 or more, may
petition the commt~sione~ court of the counO, in w~lch the district is located or the
governing board of an incorporated etty or town tn which the district is located to adopt a
1.O00-foot zone umle~ Section 109.35, Alcoholic Beverage Code~
(3) 1,000 feet ora orivate school ifu~e c~mmissioaers court ~ thc
~y ree6ves a ~t ~m the ~ov~ ~v of~ ~m ~1.
~) ~e ~ of ~ d~cc ~'~ the pl~ of ~ ~ ~holk
~es ~c ~ld ~ ~ c~h or~fic ~1 s~ ~ ~ ~ pro~ ~es of ~ ~t
~m~ ~d ~ ~t ~r ~ ~ ~, ~d ~ ~t I~ ~o~ ~fi~s. ~ ~t
of ~ ~e ~ t~ ~ ofb~e~ ~ ~lic ~m~s ~ ~ld ~d ~ public
~ 1~ of~ ~ of~_~ ~ a ~ ~ ~ ~. ~ ~v ~ &c
b~lain~ at ~ ~ l~e to ~ ~ oC~e fi~ ~ ~ch ~e ~t ~ li~ ~Jd~
(c} Ev~ ~fi~ for ~ ~ alco~c ~ ~ or~ for a
and ~ *~ ~0~, ~ ~ ~ a~oe of ~ ~pli~ to o~c~ of
Rot ~ly to a ~t ~ lic~ ~ a ~ ~ ~ ~ ~o~ ~ m~ug
~ses ~ ~fi~ 109.58.
but n~ S~fi~ (c), of ~fis s~ ~ m~ of ~ ~ ~ ~ pl~ of
~,~n~ of the ~1~ ~d a ~ or ~ ~i ~ ~ ~g &e ~ lines of ~
~n~ aM ~ ~t ~ to bout ~, ~ ~ ~ ~ ~s ~s.
(e) Th~ c~oncz~ court ora county ot the govern/n~ board ora ci~ ~
r~ ~e ~ or ~v~,,a~ ~ ~ ~d~fi~ of t~ h~, ~, ~d we~ of ~
(0 Su~ ~ (a~2) ~ ~) do ~ not app~ ~ ~ ~1~ of:
(2) a ~1 off~ c~d~ ~t ~ h~ ~ le~ t~ 50
~e ~l~s ~ ~c~s ~t ~ U~s~ ~ any o~ Uce~e or ~t held ~ a
~l~ ~ ~ ~ ~ ~ ~ ~ ~ ~d ~ m ~ 102.
S~fi~ (a~3) ~ not ~ ~ ~ ~1~ of:
(1~ a ~c~ ~ ~t i~ ~ ~ 27. 31. ~ 72 ~o is ~
~) ~fi~ (a~ll ~s not a~oN ~o ~ ~1~ oE
~v~e a ~ t~t is ~-~ ~&~ 3~ f~ of a ~m ~1: or
~h~l. ~
FA~. (a) ~ ~ ~ oily ~ a ~ ~ lic~ h~ ~ ~ 25, ~, 32,
to a ~y~ c~ ~ c~ ~.
~v~es
(2) ~ ~t ~ I~ hold~ ~d ~ day~e ~ ~ c~d~e ~
c~ ~ is I~ ~ ~ ~ ~ or ~ of a ~ b~l~-
~e, a~cy g~ ~, or ag~ h~ ~ ~o~ g~ are ~ ~ ~ 42.~2, ~
~u~s ~de.
FAX TRANSMISSION
Diocese of Beaumont - Office of Catholic Schook
703 Are~ie Street - Beaumont TX 77701-2899
Post Office Box 3948 - Beaumont TX 77704-$948
PH: (409) 838-0451-x-1~0 / FAX: (409) 838-4511
DATE:
ATTN:
FAX NO.:
FROM:
SUBJECT:
PAGES:
January. 3, 2002
Mark Sokolow - City of Port Arthur
409 983 8124
Tommie Marshall
CIoassy J. Soularie, TABC Permiu
-3- (includes cover)
COMMENTS OR MESSAGE:
The a~tached sheets that you requested contain the revisions of the Texas
Alcoholic Beverage Commission Code. The underlined sentences a~e the
actual revisions.
Also, I am sending you a letter (under separate cover) requesting that the
Port Arthur governing body revise i~s regulations to conform with the new
State statutes.
Michael J. Collins
Imerim Supefintendem of Schools
If there is a ptoblean w/th ~hi$ trammission, or if all pages arc not receive(l, call: 409438-0451 x 150.
OSCAR G. ORTIZ, MAYOR
FELIX A. BARKER, MAYOR PRO-TEM
COUNCIL MEMBERS:
CRAIG HANNAH
THOMAS J. HENDERSON
TOM GILLAM, III
REV. RONNIE LINDEN
BOB BOWERS
ROBE MITCHELL CHAISSON
ROBERT E, ALLEN
City of
Texas
CiTY MANAGER
CAROLYN DIXON
CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
January4,2002
VIA FACSIMILE: (409) 838-4511
Michael J. Collins
Interim Superintendent of Schools
Diocese of Beaumont-Office of Catholic Schools
P. O. Box 3948
Beaumont, TX 77704-3948
RE: Permit Application of Sparkles, 3622 Gulfway Drive
Proposed Ordinance
Dear Mr. Collins:
You expressed concern about the permit application of Sparkles for 3622 Gulfway
Drive and you would prefer that the late hours permit and mixed beverage permit not be
granted. The Director of Planning gave me the attached documentation showing that their
permit request is not being approved by his department.
Please note that the new law has an exemption ( as it pertains to private schools) if
the establishment prohibits minors from entering the premises. Nevertheless, as requested,
I am submitting the proposed ordinance for the January 8, 2002 agenda. It has a 300 foot
prohibition.
Sincerely,
Mark T. Sokolow
City Attorney
Attachment: Section 109.33 Alcoholic Beverage Code
Existing Section 6-35 of Code of Ordinances
Proposed Ordinance
z .collins .permit. Itt
RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 ° 409/983-8115 · FAX 409/983-8291
CC:
Oscar Ottiz, Mayor
Steve Fitzgibbons, City Manager
City Council
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z.collins.permit.ltr