1998L34-DELETING AND REVISING CHAPTER 3
ORDINANCE NO.
f!~ J - 31-
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS BE AMENDED BY DELETING CHAPTER 3,
ALCOHOLIC BEVERAGES, AND REPLACING SAME WITH A
REVISED CHAPTER 3, ALCOHOLIC BEVERAGES;
PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
Sec. 3-1. Definitions.
All words and phrases used in this Chapter, which are defined in the Texas
Alcoholic Beverage Code, shall, for the purposes of this Chapter, have the
meanings ascribed to them in such code.
Sec. 3-2. Permit to sell.
(a) It shall be unlawful for any person to sell any liquor, beer or wine within the
City unless he/she has a current permit to do so issued in accordance with
the provisions of this section.
(b) The annual fee for a permit under this section shall be the maximum amount
which the City may collect under the provisions of the Texas Alcoholic
Beverage Code.
(c) Upon payment of the applicable fee to the City Secretary and exhibition to
the City Secretary of a permit duly issued by the State of Texas to the
applicant or person paying such fee, the City Secretary shall, in the name of
the City, issue and deliver to such applicant or person a permit to engage in
business in the City of the character described and authorized by the permit
from the State of Texas held by such applicant or person. The permit so
issued in the name of the City shall authorize the conduct of such
business upon the premises described in the permit from the State of Texas
and shall remain in force only so long as such permit from the State of Texas
remains in effect.
(d) Any person who shall fail to pay any fee prescribed in this section or secure
any permit as prescribed in this section, before engaging in any business for
which the payment of any such fee and securing of any such permit is
required by the terms of this section, or who shall engage in any such
business without authorizing the same, shall be deemed guilty of a
misdemeanor. Each day or portion of a day in which this section is violated
by any person shall constitute a separate offense.
Sec. 3-3. Hours for sale of mixed beverages and wine and beer.
(a) The City Council does herewith adopt for the City the hours prescribed for
the sale of mixed beverages for counties having a population of five hundred
thousand (500,000) or less, as set out in Section 105.03-D(2) of the Texas
Alcoholic Beverage Code.
(b) The City Council does herewith adopt for the City the hours prescribed for
the sale of wine and beer for counties having a population of five hundred
thousand (500,000) or less, as provided by Section 105.05-D(2) of the
Alcoholic Beverage Code.
(c) Late hours for the sale of mixed beverages and wine and beer are herewith
established as being from 12:00 a.m. to 2:00 a.m. on allowable days of sale.
(d) A permit for late hour operation under this section shall be obtained from the
City Secretary prior to any such late hour operation. Any such permit may
be revoked at any time by the City Council when deemed to be in the best
public interest.
Sec. 3-4. Extended Hours.
(a) It shall be lawful for any person within the corporate limits of the City of
Schertz to consume any alcoholic beverages in a public place or to possess
any alcoholic beverage in a public place for the purpose of consuming the
same in such public place during the extended hours granted by the Texas
Alcoholic Beverage Code.
(b) It shall be lawful for the holder of a Retail Dealers On-Premises Late Hours
Permit within the City of Schertz to sell beer or wine or offer the same for
sale during the extended hours granted by the Texas Alcoholic Beverage
Code.
(c) It shall be lawful for the holder of a Private Club Late Hours Permit within the
corporate limits of the City of Schertz to permit persons to consume or be
served alcoholic beverages during the extended hours granted by the Texas
Alcoholic Beverage Code.
Sec. 3-5. Schedule of Fees.
Under and by virtue of the authority granted in the Texas Alcoholic Beverage
Code there be, and there are hereby prescribed and levied, annual occupation
taxes or license fees, and these shall be collected from persons, firms and
corporations carrying on business within the limits of Schertz, Texas.
(See Exhibit 1, Schedule of Fees)
SAVING CLAUSE: THAT, if any section, part or provision of this Ordinance is
declared unconstitutional or invalid, then in that event, it is expressly provided,
and it is the intention of the City Council in passing this Ordinance, that all other
parts of this Ordinance shall not be affected thereby and shall remain in full force
and effect.
PENALTY: THAT, any person who shall violate any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof,
shall be fined not exceeding $200.00 and each and every day of such violation
shall be deemed a separate and complete offense.
REPEALING CLAUSE: THAT, all ordinances and parts of ordinances in conflict
with the terms of this Ordinance are hereby repealed. Specifically repealed are
Ordinance No. 63, Ordinance No. 268, Ordinance No. 81-L-20 and Ordinance
No. 81-L-21.
EFFECTIVE DATE: THAT, this Ordinance shall be effective from and after its
final passage and any publication required by City Charter.
Approved on first reading th~day of October, 1998.
PASSED, APPROVED AND ADOPTED, th~day of November, 1998.
dM~
Mayor, City of Schertz, Texas
ATTEST:
Mhi.?Gl2tdN~
City Secretary, City of Schertz
(SEAL OF CITY)
EXHIBIT 1
ALCOHOLIC BEVERAGES
SCHEDULE OF FEES
TYPE ESTABLISHMENT
Mixed Beverage Permit
Package Store Permit
Package Store Permit (Wine Only)
Private Club Late Hours Permit
Beer Retailer's Off-Premises Permit
Beer Retailer's On-Premises Permit
Retail Dealer's On-Premises Late Hours
Wine and Beer Retailer's On-Premises Permit
Wine and Beer Retailer's Off-Premises Permit
CITY FEE
$375.00
$150.00
$ 37.50
$ 75.00
$ 30.00
$ 75.00
$125.00
$ 87.50
$ 30.00
,
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THE STATE OF TEXAS,
County of GuacaJupe
Before me, the uncersigned authority, on this date personalfy appeared L. A. REYNOLDS
known
to me, who, being by me duly swam, on his oath deposes and says that he is the Advertising Director of
Tne Seguin Gazette-Enterprise, a ne'Nspaper published in said county; that a copy of the within and fore-
going
AD
was published in said newspaper'
2
times before the return day named therein_
ORDINANCE NO. 98-L-54 ORDINANCE NO. 98-L-34
BY THE CITY COUNCIL BY THE CITY COUNCIL
OF THE CITY OF OF THE CITY OF
SCHERTZ, TExAS' PRO- SCHERTZ, TEXAS PRO-
VIDING THAT THE CODE VIDING THAT THE CODE
OF ORDINANCES, CITY OF ORDINANCES, CITY
OF SCHERTZ, TEXAS BE10FSCHERTZ, TEXAS BE
AMENDED BY DELETING AMENDED BY DELET!NG-
CHAPTER 3, ALCOHOLIC, CHAPTER 3, ALCOHOLIC
BEVERAGES, AND RE.I BEVERAGES, AND RE-
PLACING SAME WITH AI PLACING SAME WITH A
REVISED CHAPTER 3, REVISED CHAPTER 3,
ALCOHOl.IC BEVERAGES; ALCOHOUC BEVERAGES;
PROVIDING A SAVING PROVIDING A SAVING
CLAUSE; PROVIDING A CLAUSE; PROVIDING A
PENALTY; PROVIDING A I PENALTY; PROVIDING A
REPEALING CLAUSE; REPEALING CLAUSE;
AND PROVIDING AN EF- AND PROVII)tNG AN EF-
FECTIVE DATE. FECTlVE DATE,
PASSED, APPROVED, PASSED, APPROVED,
AND ADOPTED the 3rd AND ADOPTED the 3rd
day of November, 1998, day of November, 1998.
Norma Althouse, City Norma Althouse, City
Secretary. Secretary.
such publicaticns being on the fallowing dates:
DECMBER 2, 1998
Q~~~MQi~ 2. l~~e
and a newspaper copy of which is hereto attached.
Sworn to and subscnbed before me, this 4th
day of
DECEMBER
A.D., 19
9'8
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Notary PubliC; Guadalupe County, Texas
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PUBLISHER'S AFFIDAVIT
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.
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the- within and fore-
going
AD
was publi;Shed in said newspaper.
1 times before the return day named therein,
such publications being on the following dates:
11 0 Legal ~~ot'ces
- -----
",d a oewspap" ropy of whi'h . heeeto attaohed. (~
AN ORDINANCE
BY THE CITY COUNCIL
OF THE CITY OF
SCHERTZ, TEXAS PRO-
VIDING THAT THE CODE
OF ORDINANCES, CITY
OF CITY OF SCHERTZ,
TEXAS BE AMENDED BY
DELETING CHAPTER 3,
ALCOHOLIC BEVERAGES.
AND REPLACING THE
SAME WITH A REVISED
CHAPTER 3, ALCOHOLIC
BEVERAGES; PROVIDING
A SAVING CLAUSE; PRO-
VIDING A PENALTY; PRO-
VIDING A REPEALING
CLAUSE; AND PROVID-
ING AN EFFECTIVE
DATE.
Approved on first reading the
20th day of October, 1998.
Norma Althouse,
City Secretary.
NOVEMBER 18, 1998
Sworn to and subscribed before me, this
'Jr1+-\j
day of
N9T.7EURER
AD., 1998
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Notary Public, Guadalupe County, Texas
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PUBLISHER'S AFFIDAVIT
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THE STATE OF TEXAS,
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County of Guadalupe
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Before me, the undersigned authority, on this date personally appeared L. A. REYNO LDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
times before the return day named therein,
ORDINANCE NO 98-S-33- - --
BY THE CITY COUNCIL DRDINANCE NO. 98-5-33
OF THE CITY OF BY THE CITY COUNCIL
SCHERTZ lEXAS PRO OF THE CITY OF
VI DING THAT THE' CODE SCHERTZ, TEXAS, PRO-
OF ORDINANCES CITY VIDI~:G THAT THE CODE
OF SCHER1Z TEXAS BE OF ORDINANCES, CITY
AMENDED BY DELETING OF SCHERTZ, TEXAS BE
CHAPTER 3 ALCOH lIC AMENDED BY DELETING
BEVERAGES A RE . CHAPTER 3. AL OLlC
PLACING SAM ITH A BEVERAGES, RE-
REVISED TER 3 I PLACING SA WITH A
ALCOHO I ERAGES:. REVISED PTER 3.
PROV I A SAVING ALCO EVERAGES;
CLAU 'PROVIDING A' PRO D A SAVING
PENAL ; PROVIDING A CLA ; PROVIDING A
REPE LING CLAUSE' PENA ; PROVIDING A
AND PROVIDING AN EF: REPE LING CLAUSE;
FECTIVE DATE, ' AND PROVIDING AN EF-
, Approved on first read' I FECTIVE DATE.
~. the 20th day of Octo~~ Approved on first reading
1998, Norma Althouse 'the 20th day of October,
City Secretary ' 1998. Norma Althouse,
, City Secretary.
going
1
was published in said newspaper'
AD
such publications being on the following dates:
OCTOBER 29, 1998
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this
,nth day of
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A.D., 1998
Notary Public, Guadalupe County, Texas
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