Ordinance 2006-28
ORDINANCE NO. 2006-28
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
WYLIE'S ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE
REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION F
(RETAIL, PERSONAL SERVICE & COMMERCIAL) AND SECTION 5.2
(LISTED USES), SUBSECTION F (RETAIL, PERSONAL SERVICE AND
COMMERCIAL USES) TO ESTABLISH REGULATIONS GOVERNING
THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of
Wylie, Texas ("Wylie"), should be amended to regulate the sale of alcoholic beverages; and
WHEREAS, Wylie has complied with all notices and public hearings as required by law; and
WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use
Regulations) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, 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: Amendment to the Zoning Ordinance No. 2001-48. Article 5 (Use Regulations) Section
5.1 (Land Use Charts). Subsection F (Retail. Personal Service & Commercial). Article 5 (Use
Regulations), Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial)
of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and amend numbers
20 and 21, as follows:
Ordinance No. 2006-28
Regulations governing the sale
Of Alcoholic Beverages
20. Restaurant with P* P* P*
Drive-in or Drive-
through Service
21. Restaurant without P* P* P* P* P* P*
Drive-in or Drive-
through Service
24. Beer & Wine P* P* p* p*
Package Sales
SECTION 3: Amendment to the Zoning Ordinance No. 2001-48. Article 5 (Use Regulations). Section
5.2 (Listed Uses). Subsection F (Retail. Personal Service and Commercial Uses) Article 5 (Use
Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses)
of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add the following:
24. Beer & Wine Package Sales.
a. Definition: An establishment, including but not limited to General Merchandise or
Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer
and/or wine to the general public for off-site personal or household consumption and
rendering services incidental to the sale of such goods.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 square feet of gross floor area;
however for retail sales made at a Motor Vehicle Fueling Station the required
parking shall be a minimum of four spaces.
d. Required Loading:
Square Feet of Floor Required Loading
Area S aces
0- 10,000 None
10,001- 50,000
Each additional
10,000 or fraction
thereof
e. Additional Provisions: Beer & Wine Package Stores shall be subject to
compliance with the Texas Alcoholic Beverage Code, as it exists or may be
amended, and to the following development criteria:
Ordinance No. 2006-28
Regulations governing the sale
Of Alcoholic Beverages
(1) The establishment shall not be located closer than 300 feet to a church
and/or public hospital measured along the property lines of the street fronts
from front door to front door, and in direct lines across intersections.
(2) The establishment shall not be located closer than 300 feet to a public or
private school measured in a direct line from property line to property line,
and in direct lines across intersections.
(3) The distance between a Beer & Wine Package Sales Establishment and a
private school can be increased to 1,000 feet if the City Council receives a
request from the governing body of the private school to do so.
(4) Beer sales are not permitted in residential areas. Residential areas include
properties that are zoned in any Residential District category or a planned
development that allows residential uses or vertical mixed use
developments with a residential component, because these zoning districts
are part of the neighborhood(s) within which they are located.
Notwithstanding, a planned development ordinance may allow for Beer &
Wine Package Sales at designated locations in the planned development
that meet the requirements set forth herein.
(5) Beer & Wine Package Sales establishments that derive more than 75% of
their gross revenue from the sale of beer and/or wine:
a. Are permitted only by Specific Use Permit in the CC, LI, HI and DTH
zoning districts;
b. Shall not be located closer than 1,500 feet from another Beer & Wine
Package Sales Establishment that derives more than 75% of its gross
revenue from the sale of beer and/or wine, measured building-to-building (or
outer wall of the lease space) in a straight line;
c. Shall not be located closer than 800 feet from the building to the property
line of a residential zoning district, including residential portions of a
planned development zoning district; and
d. Shall not be located closer than 1,500 feet from the property line of a City
park, or the property line of a property owned by a church, public hospital,
public or private school, public or private college/university, rehabilitation
care institution, or child or adult day care, measured in a straight line from
front door of the establishment to the nearest property line of a residential
zoning district, City park, church, public or private hospital, public or private
school, public or private college/university, rehabilitation center, or child or
adult day care.
SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section
5.2 (Listed Uses). Subsection F (Retail. Personal Service and Commercial Uses). paragraphs 20 and
R Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and
Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is hereby
amended to read as follows:
20. Restaurant with Drive-in or Drive-through Service
a. Definition: Restaurant with drive-in or drive through service means:
Ordinance No. 2006-28
Regulations governing the sale
Of Alcoholic Beverages
(1) A restaurant with drive-in service is an establishment principally for the sale
and consumption of food where food service is provided to customers in motor
vehicles for consumption on the premises.
(2) A restaurant with drive-through service is an establishment principally for
the sale and consumption of food which has direct window service allowing
customers in motor vehicles to pick up food for off-premises consumption.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every three seats under maximum seating
arrangement.
d. Required Loading:
0-10,000
Required Loading
Spaces
None
Square Feet of
Floor Area
10,001- 50,000
Each additional 10,000
or fraction thereof
e. Additional Provisions:
(1) CR District: Drive through and stacking area shall not be located adjacent to
residential uses.
(2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for
"Restaurants without Drive-in or Drive-through Service" shall apply to
Restaurants with Drive-in or Drive-through Service that sell alcohol.
21. Restaurant without Drive-in or Drive-through Service
a. Definition: Restaurant without drive-in or drive through service means an
establishment principally for the sale and consumption of food on the premises.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every three seats under maximum seating
arrangement with no fewer than 8 provided.
Ordinance No. 2006-28
Regulations governing the sale
Of Alcoholic Beverages
d. Required Loading:
Square Feet of Floor
Area
Required Loading
Spaces
0-10,000
None
10,001 - 50,000
Each additional 10,000 or
fraction thereof
e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
(1) Restaurants are only permitted to sell alcohol by right if the subject property was
located within the City limits as of May 13, 2006. For property annexed into the
City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a
Private Club from the Texas Alcoholic Beverage Commission for the ability to
sell alcohol.
(2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church
and/or public hospital measured along the property lines of the street fronts from
front door to front door, and in direct lines across intersections.
(3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public
or private school measured in a direct line from property line to property line, and
in direct lines across intersections.
(4) The distance between a restaurant that sells alcohol and a private school can be
increased to 1,000 feet if the City Council receives a request from the governing
body of the private school to do so.
(5) Restaurants that derive more than 75% of their revenue from the sale of alcohol
are only permitted by specific use permit and may only be located in the zoning
districts where the applicable type of restaurant is designated as "p*" on the Land
Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5.
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or
any provision of Wylie's Zoning Ordinance No. 2001-48, as it exists or may be amended, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute
a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from
filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to
local, state and federal law .
SECTION 6: SavingslReoealing Clause: Wylie's Zoning Ordinance No. 2001-48, as amended, shall
remain in full force and effect, save and except as amended by this or any other Ordinance. All
provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
Ordinance No. 2006-28
Regulations governing the sale
Of Alcoholic Beverages
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinance shall remain in full force and effect.
SECTION 7: Severability: 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.
Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and
publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 25th day of April 2006.
John ondy, M
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ATTEST:
Date of publication in The Wvlie News - Mav 3.2006
Ordinance No. 2006-28
Regulations governing the sale
Of Alcoholic Beverages
::::: C&S Media, Inc.
. . m:1)e jfurmersbiUe m:imes . Murphy Monitor · The Princeton Herald. The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
1J.~L/ ,1 If
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher 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 foregoing attached
City of Wylie
Request for Qualifications
Ordinance No. 2006-28
was published iu said uewspaper ou the f""5i!.;;_wit: May 3, 2006
Chad Engbrock, Publisher
day of ~
~
, 2006
Subscribed and sworn before me on this, the
to certify which witness my hand and seal of office.
TAMMY BURTON
Notary Public. State of Texas
My Commission Expires
February 21, 2010
.20'/\
My commission exPires-z, . "2 \ . 't-)
RECEIVED
JUN 2 2 2006
FINANCE
Murphy/Sachse/Wylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318
Farmersville/Princeton Office. 101 S. Main. p.o. Box 512. Fannersville, TX 75442.972-784-6397. fax 972-782-7023
.---....-.--.-----...-....-....-.--..--...-..-.". ..
May 3 _ 4, 2006 _ C&S MEDIA PUBLICATIONS - Section C - Page 3
lfied Advertising
lal 'I'otiees
.ed in the official news-
Ier of the city.
'pROPOSICION 15)
ldni la ultima oracion
Articulo VII, Seccion
8 del Reglamento de la
ldad de Sachse ser
nendado para eliminar
requisito no encontrado
la ley del estado, que la
ditoria de la ciudad sea
mpletada, un registro
blico en el archivo de la
lcina del secretario de la
idad, sea publicada en
periodico oficial de la
ldad. )
'ROPOSITION 16
lall Article VIII, Section
01 of the Sachse City
harter be amended to
id subsection (6) to
,quire city boards, com-
ussions and committees
) elect officers at the first
\eeting following the
rlllual appointments.
(PROPOSICION 16)
Podni el Articulo VIII,
,eccion 8.01 del
leglamento de la Ciudad
Ie Sachse ser enmendado
lara agregar la subdi-
'ision (6) que se requiera
:oncejales de la ciudad
lue puedan elegir comi-
;iones y comites oficiales
:n la primera reunion que
;igue las citas anuales.)
PROPOSITION 17
Shall Article VIII, Section
8.02 (3) of the Sachse City
Charter be amended to be
consistent with other city
boards and commissions
to provide that the Parks
and Recreation Board
oh~1l ~onsist of seven (7)
Eegal1'iotices
chairman and vice-chair-
man to serve one year
terms to be consistent with
other city boards and com-
missions.
(PROPOSICION 19)
(Podni el Articulo IX,
Seccion 9.01 del
Reglamento de la Ciudad
de Sachse ser enmendados
para ser consecuente con
otros concejales de la ciu-
dad y comisiones de elim-
inar los limites del terrni-
no para los miembros de
la Planificacion Y
Comision de
Restricciones reqmera
para elegir un presidente y
a vice presidente para
servir un terrninos de un
ano para ser consistentes
con otros concejales de la
ciudad y comisarios.)
PROPOSITION 20
Shall Article XI, Section
11.07 (1) of the Sachse
City Charter be amended
to increase the number of
members of the Charter
Review Commission from
ten (10) members to four-
teen (14) members.
(PROPOSICION 20)
(Podni el Articulo XI,
Seccion 11.07 (1) del
Reglamento de la Ciudad
de Sachse ser enmendado
para aumentar el numero
de miembros de la
Comision de la Revision
del Reglamento de diez
(10) miembros a catorce
(14) miembros.)
PROPOSITION 21
Shall Article XI, Section
11.08 of the Sachse City
Charter regarding the
Eelm [Notices
(PROPOSICION 24)
(Podni el Articulo V,
Seccion ~,04 del
Reglamento de la Ciudad
de Sachse ser enmendados
para conformarse a con la
ley del estado requiera una
eleccion para el alcalde y
concejales con la mayoria
de los votos en cada
lugar.)
49-2t-1370-812li
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
WYLIE'S ZONING
ORDINANCE NO. 2001-
48, ARTICLE 5 (USE
REGULATIONS) SEC-
TION 5.1 (LAND USE
CHARTS), SUBSEC-
TION F (RETAIL, PER-
SONAL SERVICE &
COMMERCIAL) AND
SECTION 5.2 (LISTED
USES), SUBSECTION F
(RETAIL, PERSONAL
SERVICE AND COM-
MERCIAL USES) TO
ESTABLISH REGULA-
TIONS GOVERNING
THE SALE OF ALCO-
HOLIC BEVERAGES;
PROVIDING FOR A.
PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVID-
ING FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION HERE-
OF.
Eegal1'iotIces
at the places, Town of St.
Paul located at 2505
Butscher Block, St. Paul,
Texas, in the manner, and
on the issue To legalize
the legal sale of all alco-
holic beverages for off-
premise consumption
only, set forth m the
attached copy of an
ORDER
en la lugar, Town of St.
Paul located at 2505
Butscher Block, St. Paul,
TX, en la forma, y sobre el
asunto Para legalizar la
venta legal de todas
bebidas alcoholic as para
consumo solamente fuera
lugar de venta, como con-
statable en el apegado
copia de un orden.
FOR LOCAL OPTION
ELECTION to Legalize
PARA ELECCION DE
OPCION LOCAL para
Legalizar
Duly entered by the
Commissioners' Court of
Collin County, Texas,
Debidamente asentada por
la Corte de Comisionados
del Condado de Collin,
Texas,
On the 22nd day of
November,2005.
El 22rd dia de Noviembre,
2005.
Said attached ORDER
FOR LOCAL OPTION
ELECTION to Legalize
(Dicha ORDEN PARA
ELECCION DE OPCION
LOCAL anexa, para
Legalizar
is made a part of this
notice for all intents and
purposes.
Se consider a en todo caso
ser parte de este aviso
INVITATION FOR BID
Sharon Rowe,
Elections Administrator
(('onrlado de) Collin