Ordinance 1987-01
ORDINANCE NO._~lr~~~_______
BEING AN ORDIANNCE CONTAING REGULATIONS FOR PREMISES SERVING
ALCOHOLIC BEVERAGES, PROVIDING FOR PROCESSING FEES,
PROVIDING ENFORCEMENT PROVISIONS, CONTAINING A SEVERANCE
CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: The City of Wylie, Texas presently has no
criteria to control the density or locations of private
clubs serving alcoholic beverages and:
WHEREAS: The City Council of the City of Wylie, Texas
has determined that such controls are necessary to protect
the health, safety and welfare of it's citizens therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES;
!~___@~n~~2!_eQ!i~~_e~QYiaiQna
In order to protect the general health, well being and
welfare of the citizens of Wylie, Texas, the City Council of
the City of Wylie declares it to be the policy of the City
that private clubs for the consumption of alcoholic
beverages shall not be permitted within the City of Wylie
without such establishment having first secured a special
use permit approved by the City Council under the terms and
regulations of this Ordinance. Consideration of an
application for such special use permits by the City Council
shall follow a recommendation by the Planning and Zoning
Commission and payment of a two hundred fifty ($250.00)
appl icat ion fee.
6~___bQ~21iQn_Qf_gY~b_~a1eQ!i~bm~n1a
2.1 Service and consumption of alcoholic beverages in a
Planned Development (PD) may be allowed subject to inclusion
in and approval of the PD regulations by the City Council.
Such PD regulations shall control to the exclusion of this
Ordinance other than compliance with the provisions of the
Texas Liquor Control Act.
2.2 Establishments seeking to qualify under this Ordinance,
except those in a PD, must be located in a area zoned
"Retail, B-1, B-2 or Ir.dustrial" as those terms are defirled
in the comprehensive zoning ordinance of this City, and such
premises shall not be located within one thousand (1000') of
the property line of any church, public or parochial school,
hospital, extended care facility, or public park nor shall
such premises be permitted within three hundred (300') of
any area zc.ned "SF-l, SF-2, SF-3, SFA, 2F, MH or MF".
The distances shall be measured from the property line of
the premises to the nearest property line of a church,
school, hospital, extended care facility, or public park, or
residential zoned area.
2.3 Any restaurant in operation at the date of passage of
this Ordinance lc.cated in "R", "B-1", "B-2" Ot~ "I" zone which
otherwise qualifies under all other operational requirements
of this Ordinance may receive a special use permit if
application is made within three months of the date of
passage of this Ordinance.
2.4 Establishments for the sale or consumption of alcoholic
beverages shall be located within an area containing 10
acres c.r more irl size arid zoned "R", "B-1", "B-2" or "I"
and/or any contiguous combination of these zoning districts.
Said area need not be under single ownership and areas
separated by a minor or secondary street are to be
considered contiguous for determination of the acreage
requirement. Where areas are separated by a thoroughfare,
existing or proposed, they shall be considered separate
areas for determining acreage requirements as set forth in
t his Ord i rlarlce.
2.5 Exemptions: Nationally recognized social or fraternal
organizations, as defined by the Texas Alcoholic Beverage
Commission, are exempt from the acreage and food sales
provisions of this section.
3~___Qe~~21iQn2!_B~gY!21iQna
3.1 Not less that seventy percent (70~) of the gross
receipts of such establishment shall be derived from the
sale of food consumed on the premises. Food service shall
be available at any time alcoholic beverages are being
served. The service of alcoholic beverages without food is
prohibited in dining areas and is restricted to a bar or
lounge area as described in this Ordinance. The holder of
such permit shall provide sales tax reports and alcoholic
beverage sales reports as described in Section 4.
3.2 Such establishments shall contain a minimum of one
hundred twenty (120) dining seats, allowing a minimum of
twelve (12) square feet of dining area per dining chair;
calculation of the square feet of dining area to exclude
kitchen and storage areas, bar and lounge areas, and cashier
and reception areas.
3.3 Such establishment shall comply with all of the
provisions of the Texas Liquor Control Act and receive a
private club permit from the State of Texas within six (6)
months from the date of issuance of the special use permit
by the City, each such limitation in time being subject to
extension by the City Council.
3.4 The City Council may revoke a special use permit upon
the finding that any of the operational requirements imposed
at the time of granting the permit are not met or thereafter
cease to exist. Said special use permit shall be subject to
review based on recommendation from the Police Department
that the public safety has been or is being jeopardized.
The City Manager or his designated representative and Chief
of Police are specifically authorized to receive, accept,
and investigate complaints from any source.
3.5 A private club with a bar or lounge area shall be
designed so that patrons can enter only from an area within
the primary use, e.g. the dining or reception area of a
restaurant, hotel or motel. Emergency exits direct to the
outside are permitted.
3.6 No signs advertising the sale of alcoholic beverages
shall be permitted other than those authorized under the
Liquor Control Act of the State of Texas and the city sign
ord i narlce.
3.7 Extended hours permits as defined in the Texas
Alcoholic Beverage Code shall only be granted by separate
action of the City Council after review and recommendation
of the Planning and Zoning Commission.
1~___8YQii_B~gYi~~m~nia
4.1 The permittee of each Private Club in the city shall
supply monthly reports of liquor sales as required by Texas
Alcoholic Beverage Commission and sales tax reports as
required the Comptroller Office. The reports shall be
delivered to the City Manager or his duly authorized
represerltat i ve.
4.2 It shall be unlawful for the operator of a private club
to fail to furnish monthly reports as described in Section
4. 1.
~~___eYQ!i~_~~e~ing
In the event of apparent non-compliance as determined by the
City Manager or his designated representative, a public
hearing may be scheduled for a future City Council meeting,
for the purpose of determining such compliance or non-
compliance of the permittee for the audit year with the
requirements of this Ordinance for the operation of a
Private Club. The permittee shall be given at least ten
(10) days written notice of the date, time, and place of the
public heat~irlg.
A Special Use Permit shall remain in full force and effect
pending such public hearing.
9~___B~m~Qi~a_fQ~_~Qn=~Qme!i2n~~
6.1 At such public hearing, the permittee may appear in
person, or by attorney or representative, and shall further
have the right to cross-examine witnesses, and to offer such
evidence and testimony as he desires with regard to
compliance or non-compliance as described above. Upon
hearing all evidence with regard to the matter, the City
Council shall enter an order finding compliance or non-
compliance on the part of the permittee. If the order finds
compliance, the matter shall be concluded for that audit
yeat~.
6~2 If the order finds non-compliance for the audit year,
the City Council shall further provide for one of the
following actions:
A.) Immediate suspension of the permittee's operation of
the Private Club on the premises; and immediate
implementation of procedures to revoke and delete the
Special Use Permit for a Private Club designation from the
zoning of the permittee's property; or
B.) Establishment of a six-month period of probation
during which the permittee may continue operations under its
Special Use Pemit for a Private Club. The purpose of this
probationary period is to allow the permittee to come into
compliance with the requirements which were found to be non-
compliant as a result of the public hearing.
6.3 At the end of the probationary period, if same is
ordered. an additional audit shall be performed at
permittee's expense. The auditor shall be selected and
engaged by the City Council. The purpose of the audit shall
be to determine compliance or non-compliance of the
permittee during the entire probationary perid with all
requirements of this Ordinance.
6.4 Upon completion of such audit, the original copy shall
be furnished to the City Council, with a copy to the
permittee.
Upon receipt by the City of Wylie of an audit of a
permittee's probationary period, the matter shall be
scheduled for consideration at City Council meeting.
Written notice shall be given to the permittee. The
permittee, his representative or attorney, shall have the
right to appear at such meeting and to present any testimony
or evidence regarding compliance or non-compliance with the
Ordinance, or even the results of the audit, as may be
desired. Upon hearing of all evidence and testimony, the
City Council shall enter an order finding compliance or non-
compliance with requirements of this Ordinance.
If the order finds compliance, the probationary perid shall
be ended, and permittee's operations under the Special Use
Permit may be continued.
If the order finds non-compliance, the permittee shall
immediately cease the operation of the Private Club on the
premises. Procedures shall iwnediately be implemented on
behalf of the City of Wylie to revoke and delete the Special
Use Permit for a Private Club designation from the zoning
for the permittee's property.
6.5 All specific use permits granted under the provisions
of this section shall expire December 31st of the year
issued and may be renewed annually by payment of a two
hundred ($200.00) dollar renewal fee provided that all
sections of this ordinance have been complied with.
6.6 All specific use permits approved in accordance with
the provisions of this Section shall only be issued to the
applicant whose name appears on the application and shall be
valid only as long as the said applicant owns the private
club. Upon notification that an existing private club has
ceased or will cease operations, a public hearing may be
initiated by the City Council to consider rescinding the
specific use permit which had been approved for that private
club. Any cessation of the use granted by the specific
use permit for a period longer than 180 days shall require
the owner to reapply for said permit.
6.7 A Special Use Permit for the operation of a Private
Club shall not be issued for a period of one year for an
establishment which has had Special Use Permit revoked
pursant to Section 3 or Section 4 of this Ordinance.
Z~___~Qme!i2n~~_B~gYi~~Q
All private clubs within the City of Wylie shall comply with
terms of this ordinance within three (3) months of it's
passage. Any existing private club which is annexed by the
City shall be required to comply with the terms of this
ordinance within three (3) months of the time of annexation.
~~___g~Y~~2Qi!ii~_~!eYa~
It is intended by the City Council that this Ordinance, and
every provision thereof, shall be considered severable and
the invalidity of any section, clause or provision of this
Ordinance shall not affect the validity of any other portion
of this Ordinance.
~~___e~neli~
It shall be unlawful for any person, firm or corporation to
operate a Private Club for the sale or dispensing of
alcoholic beverages without first having secured a Special
Use Permit from the City Council of the City of Wylie.
Operation of a Private Club without first securing a Special
Use Permit shall be deemed a misdemeanor and any person,
firm or corporation convicted thereof shall be fined any sum
not exceeding the maximum amount permitted by state law and
each and every day that such violation continues shall be
considered a separate offense; provided, however, that such
penal provision shall not preclude a suit to enjoin such
violat ic,rl.
!Q~___eYQ!i~eiiQn_enQ_~ff~~iiy~_Qei~
The Caption of this Ordinance shall be published one time in
a newspaper having general circulation in the City of Wylie,
Texas, and shall be effective immediately after its passage
arid publicatioY",.
THIS
ATTEST:
7=A~------
O~Lity Secretary
THE WYLIE NEWS
P. O. BOX 36..
WYLIE, TEXAI 7101I
STATE OF TEXAS J..
COUNTY OF COLLIN ~
Before me, the undersigned authority, on this day personally
appeared Scott Dorsey, of the Wylie News, a newspaper
regularly published in Collin County, Texas and having general
circulation in Collin County, Texas who being by me duly sworn
deposed and says that the forgoing attached
Ordinance No. 87 1
was published in said newspaper on the following dates to wit:
JanuAry /1
, 1987 and
, 1987 .
SUbscribe~~ sworn to before me this the
day of ~ ' 1987 to certify which witness my
J/#~
~Mf
hand and seal of office.
)l)tuf:-VA-
-Margare Cook
Notary Public in and for the
State of Texas
t#i~
My Commission expires 9-12-89
BenJing Wideawake Wylie Since 1941
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