O467WHEREAS, the City of Kennedale, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, in order to promote the public health, safety and general welfare
the City Council desires to adopt the proposed amendments to its city code in
order to add regulations governing the sale and consumption of alcoholic beverages;
and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City
has adopted a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential or other
purposes, for the purpose of promoting the public health, safety, morals and general
welfare, all in accordance with a comprehensive plan; and
WHEREAS, additions to the zoning ordinance definitions and schedule of uses
tables has been made necessary due to the approval of alcohol sales in the City; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale on October 2,1, 2010 and by the City Council: of
the City of Kennedale on November 11, 2010, with respect to the zoning amendments
approved herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
Page 1
R,UX-Q f 1 [01 Z E I
The Kennedale City Code is hereby amended by adding to Chapter 11 Licenses,
Taxation and Miscellaneous Business Regulations an article governing alcoholic
beverages, as follows:
il
01=1 IMF
Nothing in this article shall be construed or interpreted to conflict with the
VT.C.A., Alcoholic Beverage Code. The provisions of this article shall be subject to the
limitations of such code and such code shall control. The municipal court of Kennedale
shall have jurisdiction of any offense under this article and under state law only where
the constitution and the general law of this state confer such jurisdiction thereon.
In this article:
"Alcoholic beverage" shall mean alcohol or any beverage containing more than one-half
( of one (1) percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted.
"Food" shall mean nutriment for human consumption in solid form and beverages which
have no alcohol content but the meaning of food shall not include any beverages having
any alcoholic content, alcoholic beverage mixes or other ingredients used for the
preparation of alcoholic beverages.
"Mixed beverage" shall mean one (1) or more servings of a beverage composed in
whole or part of an alcoholic beverage in a sealed or unsealed container of any legal
size for consumption on the premises where served or sold by the holder of a mixed
beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a
caterer's permit, the holder of a mixed beverage late hours permit, the holder of a
private club registration permit, or the holder of a private club late hours permit.
"Private School" shall mean a private school, including a parochial school, that offers a
course of instruction for students in one or more grades from kindergarten through
grade 12 and has more than 100 students enrolled and attending courses at a single
location.
Sec. 11-271. Materials Required and City Fee Required.
(a) Any person applying for a permit or license issued by authority of the Texas
Alcoholic Beverage Code, or a renewal of such permit or license or to change the
location of the place of business designated in such permit or license, shall deliver to
Page 2
the city secretary, for filing, one copy of the appropriate forms prescribed by the Texas
Alcoholic Beverage Commission, together with scale drawings showing the proposed
location of applicant's business in relation to streets, property lines, the nearest church,
public or private school, public hospital, or day-care center and child-care facility as
those terms are defined in V.T.C.A. Human Resources Code § 42.002. The officials with
primary responsibilities for enforcing the zoning, building and health laws shall
determine the use district in which such business is located, the distance to the nearest
church, public or private school, public hospital, or day-care center and child-care facility
as those terms are defined in V.T.C,,A. Human Resources Code § 42.002 and any
deficiencies in the building proposed or planned for use.
(b) The City hereby levies and shall collect a fee for every state permit to sell,
I
manufacture, store or deliver liquor, wine or beer for each permit issued: for premises
located within the City, to the fullest extent authorized by Texas Alcoholic Beverage
Code § 11.38.
(1) The fee shall be one-half of the charge made by the state for each state
permit or the maximum amount permitted by law, whichever is greater.
(2) The following shall be exempt from the fee authorized by this section:
a. agent's, airline beverage, passenger train beverage, industrial,
carrier's, private carrier's, private club registration, local cartage,
storage, and temporary wine and beer retailer's permits;
b. a wine and beer retailer's permit issued for a dining, buffet, or club
car; and
C. mixed beverage permit during the three-year period following, the
issuance of the state permit.
(c) The City hereby levies and shall collect a fee for the holder of every state license
to sell, manufacture, store or deliver liquor, wine or beer for each license issued for
premises located within the City, to the fullest extent authorized by Texas Alcoholic
Beverage Code §61.36. The fee shall be one-half of the charge made by the state for
each state license or the maximum amount permitted by law, whichever is greater.
(d) The city permit and license fee required by this section shall be collected in full
on the same cycle as state permit fee, every two years.
(e) Notwithstanding Section 11-271(d), the city fee for the mixed beverage permit
(including mixed beverage restaurant permit with food and beverage) shall be collected
in the beginning of the third year after the issuance of the state permit and shall be
collected again upon the second renewal with the state. From thereon, the city fee for
Page 3
the mixed beverage permit is due in full on the same cycle as the renewal for the state
permit, every two years.
(f) The city secretary shall report to the Texas Alcoholic Beverage Commission any
state licensee or state permittee who sells an alcoholic beverage who has not paid a fee
levied under this section.
(g) A holder of a state permit or license to sell, manufacture, store or deliver liquor,
wine or beer who sells an alcoholic beverage in the City without first having paid a fee
levied under this section commits a misdemeanor punishable by a fine of not less than
$10 nor more than $200.
(h) Upon approval of the application and payment of the city fee prescribed, the city
secretary shall issue a receipt in the name of the City which shall acknowledge receipt
of such amount and shall contain the number, name and expiration date of the state
permit or license, the name of the permittee or licensee, the trade name of such
permittee or licensee, the address of the business and the date of issuance.
(i) No refund of any fee paid to the City under the terms of this section shall be
made for any reason except when the permittee or licensee is prevented from
continuing in business by reason of the result of a local option election or an
amendment of the zoning regulations of the City concerning the property on which the
place of business is situated.
Sec. 11-272. Objections to issuance of state license or state permit.
If from the city secretary's examination, it appears that a holder of a permit or
license to sell, manufacture, store or deliver liquor, wine or beer is disqualified for a
state permit, or that the permittee's or licensee's place of business is inadequate,
unsafe, unsanitary or does not comply with the terms of this article and the Texas
Alcoholic Beverage Code, or that any lawful reason exists why the permit or license
should not be issued, it shall be the duty of a representative of the City to file objections
to the issuance of the permit or license with the Texas Alcoholic Beverage Commission
or with the county judge.
See. 11 -273. Gross receipts report.
All establishments engaging in the sale of alcoholic beverages within the City
shall submit to the city secretary a sworn affidavit showing gross receipts and sales of
the business by January 15 every year. The affidavit shall contain a breakdown
between the gross sales of the establishment not including the gross sales of alcoholic
beverages and the gross sales of alcoholic beverages.
Page 4
Sec. 11-274. Proximity to churches, public or private schools, and public
hospitals.
(a) It shall be unlawful for any person or entity who is engaged in the business of
selling alcoholic beverages to sell the same at a place of business that is within three
hundred feet of a church, public or private school, or public hospital.
(b) The measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital' 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
(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.
(d) Subsection (a) does not apply to the holder of a license or permit covering a
premises that is located within 300 feet of a private school if the permit holder also holds
a food and beverage certificate for the covered premises or if the permit covers a
premises where minors are prohibited from entering under V.T.C.A. Alcohol Bevel
Code § 109.53.
(e) Subsection (a) of this section does not apply to the holder of:
(1) A retail on-premises consumption permit or license if less than 50 percent
of the gross receipts for the premises is from the sale or service of
alcoholic beverages; or
(2) A retail off -premises consumption permit or license if less than 50 percent
of the gross receipts for the premises, excluding the sale of items subject
to the motor fuels tax, is from the sale or service of alcoholic beverages.
(f) To the extent applicable under V.T.C.A. Alcohol Beverage Code § 109.331, the
provisions of subsection (a) relating to a public school also apply to a day-care center
and child-care facility as those terms are defined in V.T.C.A. Flurnan Resources Code §
42.002.
Page 5
(g) As authorized by V.T.C.A. Alcohol Beverage Code § 109.36, the city council may
allow a variance to this section if it determines that the enforcement of the regulations in
a particular instance is not in the best interest of the public, constitutes waste or
inefficient use of land and resources, creates an undue hardship on the applicant for a
license or permit, does not serve its intended purpose, is not effective or necessary, or
for any other reason the city council determines, after consideration of the health, safety
and welfare of the public and the equities of the situation, that the variance is in the best
interest of the community.
(1) No variance may be granted hereunder except after a public hearing for
which notice has been given to owners of real property within 300 feet of
the location of the place of business seeking a variance.
(2) Such notice must be provided, not less than ten days before the date set
for hearing, to all such owners who have rendered said property for city
taxes, as the ownership appears on the last approved city tax roll.
SECTION 2.
Section 11 -4(b) of the Kennedale City Code shall be amended to read as follows:
(b) A "bar" is defined as an establishment or facility that derives 75 percent or more
of its gross revenue from the on-premises sale of alcoholic beverages.
Sec. 17-431 of the Kenne City Code is hereby amended by adding the
following definitions:
Retail Sales, Alcohol means establishments, except nightclubs and restaurants as
defined, engaged in selling beer, wine, or other alcoholic beverages for where more
than 75% of sales is derived from the sale of such beverages for off-premise
consumption, Temporary retail sales of alcohol associated with special events and
events held on City-owned property are exempt from this definition.
Vineyard means the cultivation or planting of grapes.
Winery, with vineyard means a facility as defined by Winery, without vineyard,
except that the facility shall also be located on the site of a working vineyard and under
the same ownership and operation as the onsite vineyard.
Micro-winery, with vineyard means a Winery, with vineyard as defined by this
section, with annual production not exceeding 20,000 gallons, in bulk and bottles
combined.
Page 6
Winery, without vineyard means a facility, without an onsite vineyard, used for
manufacturing, bottling, labeling and packaging of wine containing not more than 24
percent alcohol by volume from grapes, fruits and berries, and to include the
manufacturing and importation of grape brandy for fortifying purposes only, and Winery,
without vineyard further means a business that holds a winery permit from the State of
Texas and that may engage in any activity authorized under Section 16.01 of the Texas
Alcoholic Beverage Code. A winery may include the following accessory uses a tasting
room to dispense wine for on-premise consumption, meeting/banquet facilities,
restaurants and retail sales area of wine for off -premise consumption, subject to all
other sections of the city code regulating such uses.
Micro-winery, without vineyard means a Winery, without vineyard as defined in this
section, with annual production not exceeding 20,000 gallons, in bulk and bottles
combined.
Micro-brewery means a facility for manufacturing, bottling, labeling and packaging
of beer, ale, or malt liquor, with annual production not exceeding 20,000 gallons.
Section 17-421 of the Kennedale City Code is hereby amended by adding and
amending uses in the Schedule of Uses, as follows:
See attached Exhibit "A"
SECTION 5.
P F
Except as otherwise provided in this Ordinance, any person, firm or corporation
who violates, disobeys, omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this Ordinance shall be fined no more than Two
Thousand Dollars ($2,000.00) for all violations involving zoning and Five Hundred
Dollars ($500.00) for all other offenses, and in addition shall pay all costs and expenses
involved in the case. Each day a violation occurs is a separate offense. Nothing herein
contained shall prevent the City from taking such other lawful action as is necessary to
prevent or remedy any violation.
SECTION 6.
r
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, including but not limited to all
ordinances of the City of Kennedale affecting zoning, licenses, taxation, and businesses,
or sale or consumption of alcoholic beverages, and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
Page 7
SECTION 7.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
00PqqK#
L
LMA I Z MUM" WAX IM
All rights and remedies of'the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code (1991), as amended, or
any other ordinances regarding affecting zoning, licenses, taxation, and businesses, or
sale or consumption of alcoholic beverages that have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected' by this Ordinance but may be prosecuted unti:l final
disposition by the courts.
pxoffifrolm
This ordinance shall be in full force and effect from and after its passage and
publication and it is so ordained.
PASSED AND APPROVED this 1 1 th day of November, 2010.
1-1
qA�
4or, Bryan Lankhorst
ATTEST:
Kelly Coopqr, lnterirrf City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne Olson, City Attorney
Page 8
00
GG
CD
ro
0
CD
Q
I
a
rL
0-
CD
CD
X
x
x
0
CD
j
4
W
0
C�
CD
0 CD
CD
rD
'r,
;71
>
0
0
0
cr
CD
Z
0
R
a
a
CD CD
<D ZZ
a
�h
c�
CD
CD
CD
Gri
Ei
h CD
:=F-
� C:>
:z C�
0 CD
-
�; =r
�j C)
0 C�
0 .0
C
0 .0
0 "
- C O D
0
0
Ca ID
o
w
CD
ro
0
CD
Q
I
a
INVOICE
Customer ID:
CIT33
Invoice Number:
313315871
Invoice Date:
12/1/2010
Terms:
Net due in 21 days
Due Date:
12/31/2010
PO Number:
Order Number:
31331587
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
12/1/2010
$247.40
$10.00
$257.40
°
® �7 OF
i ° °CPIRE�'•° ® $1
and Sta , this yper `gna y "a a7 borah Baylor Norwood, Bid and Legal Coordinator for
i, Inc. at ort in rr as; a who, after being duly sworn, did depose and say
publishe a _ D iaper on dates: BIDS & LEGAL DEPT � TELEGRAM
iIS Saturday, Dec j r 1, 2010.
Notary Public
INVOICE
Star- Telegram
Customer ID:
CIT33
400 W. 7TH STREET
Invoice Number:
313315871
FORT WORTH, TX 76102
Invoice Date:
12/1/2010
(817) 390 -7761
DINANCES (1991), AS AMENDED,
Federal Tax ID 26- 2674582
Terms:
Net due in 21 days
INGTHE SALE AND CONSUM RAGS � y Net Amount $257.40
OF ALCOHOLIC BEVERAGE
Due Date:
12/31/2010
Bill To:
PO Number:
CITY OF KENNEDALE
DE- VELOPMENT;" PROVIDING A ®1919f61fi /fB ®®
CUMULATIVE CLAUSE; PROVIDING )lx. � ��NX �a ®� ®®
A! SEVER - ABILITY CLAUSE; L If® ®®��®�
405 MUNICIPAL DR
Order Number:
31331587
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
CITY OF KENNED
to publish in the official newspaper
Publication Date:
12/1/2010
CITY OF KEI
o�nm k'EE � � o 13580 1 40 40 LINE $6.19 $247.40
NANCE ADOPTING ARTICLE 11
"ALCOHOLIC BEVERAG€5" OF
Misc Fee
CHAPTER 11 "LICENSES, TAXA -: r ,
TION AND MISCELLANEOUS $10.00
BUSINESS REGULATIONS OF THE
KENNEDALE CITY CODE OF OR
DINANCES (1991), AS AMENDED,
BY ADDING PROVISION REGARD -
INGTHE SALE AND CONSUM RAGS � y Net Amount $257.40
OF ALCOHOLIC BEVERAGE
SECTION 17 -421 AND --
17 -431 OF ARTICLE VI "ZONING"
OF CHAPTER 17 "PLANNING ANDi
DE- VELOPMENT;" PROVIDING A ®1919f61fi /fB ®®
CUMULATIVE CLAUSE; PROVIDING )lx. � ��NX �a ®� ®®
A! SEVER - ABILITY CLAUSE; L If® ®®��®�
PRO -; �� ��� °
VIDING A PENALTY CLAUSE;'
PROVIDING A SAVINGS CLAUSE; :0 � ® � P �Sy PCB ® °'
PRO - VIDING FOR '
PUBLICATION ®
AND PROVIDING AN EFFECTIVE! �� °
DATE. The City Secretary of the,'
City of Kennedale is hereby directetli
to publish in the official newspaper
of the City of Kennedale the caption,: d • ° q
Pena lty clause, publication clause
and effective date clause of this °•,PIR�� °, ®° ®�
ordinance as provided by Section " "" '� ®��� •° gy ® ®®
3.10 the
Charter of the City of (� ��
Kennedale. Passed J � ®
THE STAT
and approved by ®�A® �
the City Council of the City of,
Kennedale on the 11th day of
County of l
November 2010. /S/ 4
MAYORBRYANLANKH -ORST/
ATTEST //S /KELLY COOPER, ACT -, r�
Before me
ING CITY SECRETARY' /APPROVED >ounty and Sta , this er pna a afi borah Baylor Norwood, Bid and Legal Coordinator for
the Star -TE
AS TO FORM /S /WAYNE K. OLSON
CITY ATTORNEY. legram, Inc. at ort , in rr Xas; a who, after being duly sworn, did depose and say
that the
�i ai � - cruuarrrant was publishe a per on dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Sinniwi 1.
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Decfntfejol, 2010.
}
Notary Public
Thank You For Your Payment
INVOICE
Star - Telegram
400 W, 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
' ) J ,
CITY
Misc I
I3580
1
Customer ID:
CIT33
Invoice Number:
312832251
Invoice Date:
10/28/2010
Terms:
Net due in 21 days
Due Date:
10/31/2010
PO Number:
Order Number:
31283225
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
10/28/2010
38 38 LINE $6.19 $235.28
$10.00
adding 'regulations governing the ° ® %
'NV ®
sale of Nalcohol and alcoholic bev- ` z 1
erages. All citizens are encouraged ) ' ���� ® � /11111111 ®`� ® ® ® �
THE to attend the hearings to offer 40
Count public comments or may provide �.,
written comments to the city '.
Secretary's Office, 405 Municipal
Dr Kennedale, TX 76060, prior to
Befor the hearings. id County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- a egra , puousneu uy am _, `r- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publish e in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7501
Signed & ��V - � - b !/ \ \3 crr�
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Oct !h22010.
Notary Public
Thank You For Your Payment