81-L-20
ORDINANCE NO. <?/~ t--- fA()
AN ORDINANCE
ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGISLATURE
REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE
TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS
FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC
BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PREMISE LATE
HOURS LICENSES, PRIVATE CLUB LATE HOUR PERMITS, AND TO
CONSUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES
PROVIDED FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR
CONTROL ACT, AND TO ESTABLISH A FEE FOR THE ISSUANCE
OF STATED LICENSE AND PERMIT; PROVIDING A PENALTY; AND
PROVIDING A REPEALING CLAUSE.
WHEREAS, Acts 1969, 61st Legislature, Regular Session, Chapter
466, Page 1535, amends the Texas Liquor Control Act, to authorize the
government body of any incorporated city or town located in any county
with a population of less than three hundred thousand (300,000) inhabi-
tants according to the last preceding Federal Census, by ordinance to
adopt the extended hours during which alcoholic beverages may be lawfully
consumed in a public place, and the extended hours during which beer may
be lawfully sold on premises, in conformity with the provisions of such
amendments to the Texas Liquor Control Act; and
WHEREAS, the City of Schertz is located in Guadalupe County, State
of Texas, which said county has a population of less then three hundred
thousand (300,000) inhabitants according to the last preceding Federal Census
and
WHEREAS, the City Council of the City of Schertz of Guadalupe County
Texas desires to grant to Retail Dealers On-premises Late Hours Licenses,
Private Club Late Hours Permits , and to consumers of alcoholic beverages
the rights and privilidges provided for in the foregoing amendments to the
Texas Liquor Control Act, and to establish a fee for the issuance of a
Retail Dealers On-premises Late Hours License and Private Club Late Hours
Permit which does not conflict with the foregoing amendments to the Texas
Liquor Control Act; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. 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 posses any alcoholic beverage in a public place for the
purpose of consuming the same in such public place during the extended hours
granted by Acts 1969, 61st Legislature, Regular Session, Chapter 455, page
1535, amending the Texas Liquor Control Act.
SECTION 2. It shall be lawful for the holder of a Retail Dealers On-
premise Late Hours License within the City of Schertz to sell
beer or offer the same for sale during the extended hours granted by Acts
1969, 61st Legislature, Regular Session, Chapter 466, Page 1535, amending
the Texas Liquor Control Act.
SECTION 3. 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 ex-
tended hours granted by Acts 1969, 61st Legislature, Regular Session, Chapter
466, page 1535, amending the Texas Liquor Control Act.
SECTION 4. If any provlslon of this Ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the ordinance which can
be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are declared to be severable.
SECTION 5. 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 two-hundred dollars ($200.00)
and each and every day of such violation shall be deemed a separate and
complete offense.
SECTION 6. That all ordinances and parts of ordinances in conflict with
the terms of this ordinance are hereby repealed.
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ATTEST:
(SEAL OF CITY)
THE STATE OF TEXAS I
COUNTY OF GUADALUPE I
CITY OF' SCHERTZ I
On this, the 21 day of July, 1981
, at 7:00 o'clock P.M., the
City Council of the City of Schertz, Texas, convened at a regular meeting at the
regular meeti~g place in the Municipal Building in the City of Schertz, Texas,
pursuant to due call and notice to all of the members of said City Council,
which meeting was at all times open to the public, and at which meeting the
following members were present, to-wit:
Jack M. Stomackin, Sr.
Richard L. Howe
Barbara Taylor
Jeff Duffield
Earl W. Sawyer
Jacqueline Lawler
MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
ABSENT
and
June G. Krause
Jimmy G. Gilmore
CITY SECRETARY
CITY MANAGER
There being a quorum present, the meeting was called to order by the
Mayor, and, among other proceedings had were the following:
The Mayor introduced the hereinafter set forth ordinance, which has
been read and considered at the last regular meeting of the City Council on the
6 day of July , 1981 It was determined that the City Secretary had
caused a short synopsis of said proposed ordinance to be published in the
official City newspaper after its consideration at the last regular meeting of
the City Council and prior to this meeting.
Whereupon said ordinance was discussed and further considered by the
Counci 1 .
Thereupon it was moved by Councilmember Lawler
and seconded by Councilmember Taylor that said ordinance
be fi'nally passed and adopted. The Mayor put the motion to a vote of the
members of the City Council and the ordinance was finally passed and adopted by
the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer, and Lawler
NAYS: None