O-3366-3-16ORDINANCE NO. 3366-3-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
AMENDED, BY AMENDING APPENDIX A "DEFINITIONS" BY REPEALING THE
DEFINITION FOR "RESTAURANT OR CAFETERIA (NO DRIVE-IN SERVICE),"
REPLACING SAID DEFINITION WITH A NEW DEFINITION FOR
"RESTAURANT (NO DRIVE-IN OR THROUGH)" AND INCLUDING LANGUAGE
CLARIFYING THAT SUCH RESTAURANTS INCLUDE ESTABLISHMENTS THAT
SELL ALCOHOLIC BEVERAGES SUBJECT TO CERTAIN CONDITIONS; AND BY
AMENDING SECTION 6.03.5 "RESTAURANTS WITH FOOD AND BEVERAGE
CERTIFICATES — GEOGRAPHIC LOCATIONS" BY ADDING A NEW
PARAGRAPH 5 ESTABLISHING AN EXCEPTION TO THE DISTANCE
SEPARATION CRITERIA IN PARAGRAPH 4 OF SAID SECTION FOR
RESTAURANTS (NO DRIVE-IN OR THROUGH) AND RESTAURANTS (WITH
DRIVE-THROUGH) SUBJECT TO CERTAIN CONDITIONS; PROVIDING A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the
Allen Land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should
be further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
Section 1. The definition "Restaurant or Cafeteria (no drive-in service)" as set forth in Appendix A
"Definitions" of the Allen Land Development Code, as amended, is amended to read as follows:
Restaurant (no drive-in or through) means an establishment serving food to the general
public in specific, designated dining areas but which has no pass through window to deliver
food to patrons who remain in their vehicles or parking areas designated for patrons to remain
on -premises to consume the food purchased. A "Restaurant (no drive-in or through)" can be
an establishment that sells alcoholic beverages, but only if (i) the establishment holds a valid,
current and applicable license or permit issued by the Texas Alcoholic Beverage Commission
and (ii) the establishment's gross receipts from the sale of alcoholic beverages do not exceed
fifty (50) percent of establishment's total gross receipts.
Section 2. Allen Land Development Code Section 6.03.5 "Restaurants with food and beverage certificates —
Geographic Locations" is amended by adding a new Subsection 5 to read as follows:
' 5. The distance separation criteria set forth in Section 6.03.5.4 shall not apply to a
restaurant located on property within the prohibited areas described in Section
6.03.5.4 if:
a. The restaurant is classified as a `Restaurant (no drive-in or through)' or
"Restaurant (with drive-through)' as defined in Appendix A;
b. The applicant for a permit or license from the Texas Alcoholic Beverage
Commission to serve alcoholic beverages on such property obtains and
delivers to the City a letter signed by an officer of the school (whether public
or private), church, or hospital located within the prohibited distance
consenting to the location of a restaurant serving alcoholic beverages with a
food and beverage certificate on the property identified, said letter including
identifying the property to which the exception is to apply and containing a
representation that the officer signing the letter is fully authorized to act on
behalf of the school, church, or hospital and its governing body when signing
and delivering said letter of consent to the City; and
C. The applicant who obtained the letter required by paragraph b., of this
Section 6.03.5.5 obtains a license or permit to sell alcoholic beverages on the
property on or before the 180'" day after the date said letter was signed.
Subject to the provisions of Texas Alcoholic Beverage Code §109.59, as amended,
the exception granted in accordance with this Section 6.03.5.5 shall terminate if the
license or permit from the Texas Alcoholic Beverage Commission to serve alcoholic
beverages in the establishment on the property to which the exception applied expires
or is terminated. Nothing in this Section 6.03.5.5 shall be construed as prohibiting
the City Council from exercising its discretion to grant a variance to the provisions of
' Section 6.03.5.4 as authorized by Texas Alcoholic Beverage Code § 109.33(e).
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance
shall be controlling
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, 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 Allen Land Development Code, as amended
hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code, as amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense,
and each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 3366-3-16, Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 87n DAY OF MARCH 2016.
APPROVED AS TO FORM:
L
Peter G. Smith, CITV ATTORNEY
(kbl 2n&1675647)
APPROVED:
STe'pbjW Terrell, MAYOR
ATTEST:
Shelley B. George, C, CITY SECRAT
Ordinance No. 3366-3-16, Page 3