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ITY OF SULPHUR SPRINGS, TEXAS
ORDINANCE NO. 2628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULPHUR SPRINGS, TEXAS PURSUANT TO REGULATIONS IN THE TEXAS ALCOHOLIC BEVERAGE CODE (TABC); REPEALING ARTICLE 20.200-20.908 OF ORDINANCE 2050; ESTABLISHING REGULATIONS FOR THE PURPOSE OF THE SELLING OF BEER AND WINE AND ALCOHOLIC BEVERAGES WITHIN THE CITY, AND PROHIBITING AREAS FOR SAID SALE AND PERMITTING ZONING AREAS FOR SAID SALE, REGULATING THE SALE OF ALCOHOLIC BEVERAGES NEAR PUBLIC SCHOOLS, PRIVATE SCHOOLS AND CHURCHES; REGULATING SIGNS ADVERTISING THE SALE OF BEER, WINE, AND OTHER BEVERAGES; REPEALER AND PROVIDING FOR SEVERABILITY CLAUSE AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION.
 WHEREAS, existing Code of Ordinances of the City of Sulphur Springs does not provide sufficient means to regulate the sale of alcohol within the City limits of the City of Sulphur Springs; and
WHEREAS, City Staff is recommending the creation of rules and regulations relating to the sale of alcohol within the city limits of the City of SULPHUR SPRINGS; and
WHEREAS, a voter referendum was held on November 6, 2012 permitting the legal sale of beer and wine for Off-Premises Consumption and Mixed Beverages for On Premise Consumption within the city limits of the City of Sulphur Springs, Texas; and
WHEREAS, section 109.33 of the Texas Alcoholic Beverage Code authorizes the City of Sulphur Springs, Texas by ordinance to prohibit the sale of alcoholic beverages within 300 feet of a church, public school, private school, or public hospital; and
WHEREAS, the City Council of the City of Sulphur Springs, Texas has determined that the following regulations are necessary in order to protect public health, safety and welfare; and
WHEREAS, the City Council hereby finds that the creation of rules and regulations relating to the sale of alcohol within the city limits of the City of Sulphur Springs, Texas is in the best interest of the citizens of the City of Sulphur Springs, Texas;
WHEREAS, the meetings at which this Ordinance were enacted, were open to the public as required by the Texas Open Meetings Act, and that notice of the time, place, and subject matter of said meeting was given as required by the Texas Open Meetings Act; and
WHEREAS, Article 20.200 of the Zoning Code of the City of Sulphur Springs, should be amended to provide regulations limiting the areas in which the sale of beer and wine for off premise consumption and for mixed alcoholic beverages for on-premise consumption are allowed;
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Sulphur Springs, Texas:
Section 1. The recitals set forth above are hereby found by the City Council to be true and correct, and are incorporated by reference herein and expressly made a part hereof as if copied verbatim. Article 20.200-20.908 are hereby repealed, and the following provisions are enacted:
Article 20.200 ALCOHOLIC BEVERAGES
Article 20.201. SALE OF ALCOHOLIC BEVERAGES. Article 20.200 is hereby created within the Zoning Ordinance of the City of Sulphur Springs, Texas provide regulations for the sale of beer, wine and alcoholic beverages.
Article 20.202. PERMITTED USES
A. Beer and Wine Retail Sales will be allowed to operate only in areas that are zoned CCD-Central Commercial District, HC-Heavy Commercial or LI-Light Industrial or HI-Heavy Industrial.
B. The sale of mixed beverages for On-Premises Consumption only shall be permitted to operate only in areas that are zoned CCD-Central Commercial District, HC-Heavy Commerce or LI-Light Industrial or HI-Heavy Industrial.
Article 20.203. SALE OF ALCOHOLIC BEVERAGES PROHIBITED NEAR PUBLIC SCHOOLS, PRIVATE SCHOOLS, CHURCHES OR HOSPITALS
A. It shall be unlawful for any dealer to sell alcoholic beverages from or at a place of business within this city within 300 feet of a church, public or private school.
B. The measurement of the distance between the place of business where alcoholic beverages are sold and the 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. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the place of business and in a direct line across intersections.
Article 20.204 SIGNAGE
A. Business subject to this ordinance may not display exterior on-premises signage advertising alcoholic beverages except that each business authorized hereunder to offer for retail sale beer, wine or other alcoholic beverages may erect or install no more than one interior sign for each street frontage, exhibited in such a manner as to be seen primarily from the exterior of such premises advertising alcoholic beverage products. Each sign may be electronically lighted. Additional signs which are installed inside of businesses subject hereto and which may be seen from the exterior of said premises shall not be considered to be in violation of this ordinance so long as they are installed at least 48 inches from the inside perimeter of said premises and are directed so as to be visible from the interior of the premises.
B. Placing of business names, business trademarks or logos owned by the business establishment shall not be considered as signage for the purposes of this Ordinance.
C. Temporary signs, banners and other advertisements associated with or related to festivals, celebrations, or special events and not otherwise prohibited by the City of Sulphur Springs sign ordinance, shall be permitted during the duration of such festivals, celebrations or special events, and during reasonable times preceding and following such events.
Article 20.205-20.999-Reserved for future expansion.
Section 2. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.
Section 3. Should it ever be found and determined by a court of competent jurisdiction that this action of the City Council should have been by resolution or in any other manner other than by ordinance as here ordered, the City Council  expresses its intent that this action be considered as having been done by order, or by resolution, or by such other manner as said court shall find, and further that it would have so acted in such manner as determined by the Court and desires that this Ordinance be read and considered as such order, resolution, or in such other form as may be found and determined.
Section 4. If any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Sulphur Springs, Texas hereby declares it would have enacted such remaining portions, despite such invalidity.
Section 5. This Ordinance shall be in full force and effect from and after the date of adoption.

PASSED AND APPROVED on its FIRST READING at a special meeting of the City Council of the City of Sulphur Springs, Texas on this the ____ day of November, 2012.
PASSED AND ADOPTED on its SECOND READING at a regular meeting of the City Council of the City of Sulphur Springs, Texas on this the ____ day of December, 2012.
A public hearing will be conducted for the final reading of Ord. No. 2628 Tuesday, December 4, 2012 at the Municipal at 7:00 p.m.
Craig Johnson, Mayor
ATTEST:
Gale Roberts, City Secretary
11:14,21,28

 LEGAL NOTICE
Application has been made with the Texas Alcoholic Beverage Commission for Wine and Beer Retailer’s Off-Premise License Permit and Wine Only Package Store Permit by E-Z Mart Stores, Inc., a Texas corporation d/b/a E-Z Mart #328, 732 Main Street, Sulphur Springs, Hopkins County, TX 75482. Officers of said corporation are: Sonja Hubbard, CEO; Stacy Yates, CFO; Bob Hubbard, COO/President.

11:28,29


 LEGAL NOTICE
Application has been made with the Texas Alcoholic Beverage Commission for Wine and Beer Retailer’s Off-Premise License Permit and Wine Only Package Store Permit by E-Z Mart Stores, Inc., a Texas corporation d/b/a E-Z Mart #327, 1313 League Street, Sulphur Springs, Hopkins County, TX 75482. Officers of said corporation are: Sonja Hubbard, CEO; Stacy Yates, CFO; Bob Hubbard, COO/President.

11:28,29

 LEGAL NOTICE
Application has been made with the Texas Alcoholic Beverage Commission for Wine and Beer Retailer’s Off-Premise License Permit and Wine Only Package Store Permit by E-Z Mart Stores, Inc., a Texas corporation d/b/a E-Z Mart #326, 1320 Mockingbird Lane, Sulphur Springs, Hopkins County, TX 75482. Officers of said corporation are: Sonja Hubbard, CEO; Stacy Yates, CFO; Bob Hubbard, COO/President.

11:28,29


 LEGAL NOTICE
Application has been made with the Texas Alcoholic Beverage Commission for Wine and Beer Retailer’s Off-Premise License Permit and Wine Only Package Store Permit by E-Z Mart Stores, Inc., a Texas corporation d/b/a E-Z Mart #325, 1441 Shannon Road E., Sulphur Springs, Hopkins County, TX 75482. Officers of said corporation are: Sonja Hubbard, CEO; Stacy Yates, CFO; Bob Hubbard, COO/President.

11:28,29

 

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