O-3377-5-16ORDINANCE NO. 3377-5-16
t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER S OF THE CODE OF ORDINANCES OF
THE CITY OF ALLEN, TEXAS, BY ADDING ARTICLE IT, "ALCOHOLIC
BEVERAGES"; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 8 of the Code of Ordinances of the City of Allen, Texas, is amended by adding
Article 11, "Alcoholic Beverages," to read as follows:
"ARTICLE II. ALCOHOLIC BEVERAGES
Sec. 8-16. — Sale of alcoholic beverages from a package liquor store prohibited near churches, schools
and hospitals.
(a) No person may sell alcoholic beverages if the place of business is a package liquor store and is
within:
' (1) three hundred feet of a church, public or private school or public hospital;
(2) one thousand feet of a public school, if the city council by resolution approves a request from
the board of trustees of a school district under Texas Education Code § 38.007 to establish
such limitation; or
(3) one thousand feet of a private school, if the city council by resolution approves a request from
the governing body of the private school to establish such limitation.
(b) The measurement of the distance between the package liquor store where alcoholic beverages are sold
and the church or public hospital shall be along the property lines of the street fronts and from front
door to front door, and in direct line across intersections. The measurement of the distance between
the package liquor store 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 properly line of the
place of business, and in a direct line across intersections; or
(2) if the package liquor store 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 package liquor store is located.
(c) For purposes of this section, the phrase "private school' shall have the meaning assigned to it by
'
Section 109.33 of the Texas Alcoholic Beverage Code, as amended.
(d) For purposes of this section, the phrase "package liquor store" shall mean a premises which holds a
package store permit issued by the Texas Alcoholic Beverage Commission pursuant to Chapter 22 of
the Texas Alcoholic Beverage Code, as amended.
(e) This Section shall not be applicable to a package liquor store if:
(1) The package liquor store is a hotel that holds a package store permit issued by the Texas
Alcoholic Beverage Commission and the sale of liquor pursuant to such permit is solely made
to bona fide guests of the hotel in their rooms for consumption in their rooms; or
(2) The package liquor store is a premises that holds a package store permit issued by the Texas
Alcoholic Beverage Commission and the sole activity performed at the premises pursuant to
such permit is the sale of liquor to holders of airline beverage permits as provided in Section
34.05 of the Texas Alcoholic Beverage Code, as amended."
SECTION 2. All ordinances of the City in conflict with the provisions of this ordinance shall be, and the
same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as
amended hereby, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
' former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption as the law and charter may require.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF MAY 2016.
G\99 1111311 DI IT
Stephen 'ermll, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CM ATTORNEY Shel ey B. Geo C, MY SECRE AR
(PGS:5-4-16:TM 76762)
Ordinance No. 3377-5-16, Page 2