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O-3414-8-16ORDINANCE NO. 3414-8-16 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, BY ADDING SECTION 8-17 RESTRICTING THE SALE OF ALCOHOLIC BEVERAGES BY PACKAGE LIQUOR STORE TO INSIDE SERVICE ONLY; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABH.ITY 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 Section 8-17 restricting the sale of alcoholic beverages by a package liquor store to inside service to read as follows: "Sec. 8-17. — Restricting the Sale of Alcoholic Beverages by a package liquor store to inside service only. Alcoholic beverages sold, delivered, or provided to a person for off -premises consumption from a package liquor store shall not be sold, delivered, or provided through a drive up window, a drive through service that allows the interior passage of motor vehicles into and through the package liquor store, curb service where the alcoholic beverages are delivered to the person on ' the exterior of the package liquor store, or any other means which does not require the person receiving the alcoholic beverage to (a) exit the person's vehicle, (b) enter the package liquor store by means other than entry in a motor vehicle, and (c) complete the purchase of the alcoholic beverages at the store's register." 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 All ordinances of the City in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 & Any person, fim, 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 ($2,000.00) 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 23- DAY OF AUGUST 2016. APPROVED AS TO FORM: Peter G. Smith, oM ATTORNEY (PGS:8-I8-17.TM 7835 1) L Z nQ? - D: Stephen Terrell, MAYOR ATTEST: �.\, _ - - -; - moi.. Ordinance No. 3414-8-16. Page 2