Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06-102 - O
TOWN OF PROSPER, TEXAS ORDINANCE NO. 06 - 102 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ("TOWN"), REPEALING ORDINANCE NO. 04-57 AND ESTABLISHING THAT ANNUAL PERMIT AND LICENSES ARE REQUIRED AND ESTABLISHING FEES FOR APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS ALCOHOLIC BEVERAGE CODE; ESTABLISHING PROCESSING PROCEDURES FOR APPLICATIONS FOR PERMITS AND LICENSES UNDER THE TEXAS ALCOHOLIC BEVERAGE CODE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR A PENALTY. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has canvassed the results of the local option election held May 13, 2006 and found that proposition 1 in said election was duly passed by the voters; WHEREAS, most applications for permits and licenses processed by the Texas Alcoholic Beverage Commission ("TABC") under the Alcoholic Beverage Code ("ABC") ("Applications") must be submitted to the Town Secretary for approval and signature; WHEREAS, before the Town Secretary can sign the Applications, they must be processed by appropriate Town departments to ensure that all local ordinances and regulations are complied with and that the property is in a wet area, WHEREAS, the ABC authorizes the Town to collect local fees for permits and licenses equal to one-half of the State of Texas fee for the permit or license ("Permit Fee"),- WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to repeal Ordinance No. 04-57 and to pass this Ordinance to regulate said matters. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findinszs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Prosper Ordinance No. 04-57. Prosper Ordinance No. 04-57 is repealed in its entirety and replaced by this Ordinance for the purpose of updating the fees relating to permits and licenses for alcoholic beverages. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 04-57 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 04-57 occurring before the effective date of this Ordinance. Repealing Ordinance No. 04-57—Adopting Fees for Alcohol Permits Page 1 458222-2 SECTION 3: Permit Required and Annual Permit Fee Established. It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or other alcoholic beverage within the Town without having first obtained a Town permit and paid an annual Town Permit Fee equal to the amount set forth below or one-half of the State of Texas fee required by the ABC of every person that may be issued any permit or license or renew such permit or license by the State for the manufacture, distilling, brewing, importing, transporting, storing, distributing or sale of any beer or wine, whichever amount is greater: TYPE OF PERMIT/LICENSE ANNUAL FEE Caterer's Permit $288.00 Mixed Beverage Permit Ori inal, V' && 2nd renewal —No Charge 3` & subsequent renewals - $455.00 Wine and Beer Retailer's $53.50 Off Premise Permit Beer Retailer's Off Premise License $53.50 All others authorized to be issued in Prosper One-half(1/2) of the "Total Due" Reflected on Exhibit "A" Such Permit Fee shall be paid to the Town Secretary annually, except that the fee for a Mixed Beverage Permit shall be waived for the initial application and the first two (2) annual renewals. Exhibit "A" is incorporated as if fully set forth herein. The Town Secretary shall issue a receipt for the Permit Fee and keep a record of the same in the Town Secretary's office. All receipts issued for the payment of Permit Fees under the terms of this section shall terminate at midnight on the day before the anniversary date of their issuance, and no receipt shall be issued covering a longer term than one (1) year. SECTION 4: Processinia Procedures Established. Before the Town Secretary shall sign any Application for a permit or license under the ABC, or any annual renewal, such Application shall be submitted to the appropriate Town departments, as determined by the Town Administrator/Manager, to ensure that the Application complies with all ordinances and regulations and are for establishments located in a wet area. SECTION 5: Savinas/Revealin Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each Repealing Ordinance No.04-57—Adopting Fees for Alcohol Permits Page 2 458222-2 section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Penaltv Provision. Any person, firm, corporation or entity violating this Ordinance as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date. This Ordinance shall become effective following its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 12`h day of September, 2006. ATTEST TO: Matthew D. Denton, Town Secretary arles 1�iswanger10K ,o/�o'xv4� /ft�2/ D.-�TE OFPUBLIC-ITION: i / ,DallasAlonfing News--Collin Coaiiry.ddclitioii ®`,�rerrrr�BO,, 000` O F A go s 'o o j % o•� • ®' Repealing Ordinance No.04-57—Adopting Fees for Alcohol Permits Page 3 458222-2 EXHIBIT "A" (2 pages attached) Repealing Ordinance No. 04-57—Adopting Fees for Alcohol Permits Page 4 458222-2 Authortatng Subject to EFFECTIVE 10/0 1105 Statute Annual Changrd Texas Alcohal Ik �e-'$ SuMhar .Totaf[sue rode Description.aF4e $everago Code 9� +I LIQUOR PERINETS A (Agent's Permit Chapter 35 I $10.00 I $40.00 I $50.00 I AB (Airline Beverage Permit Chapter 34 1 $2,200.00 I $139.00 I $2,339.00 I PE Beverage Cartage Permit 1 Chapter 44 1 $20.00 I $64.00 I $84.00 J (Bonded Warehouse Permit 1 Chapter 46 1 $150.00 I $58.00 I $208.00 Q JD (Bonded Warehouse Permit(Dry Area) 1 Chapter 46 1 $150.00 I $58.00 I $208.00 I C: B (Brewer's Permit 1 Chapter 12 I $1,500.00 I $245.00 I $1,745.00 r I C (Carriers Permit I Chapter 41 I $30.00 I $107.00 I $137.00 fit m I CB (Caterer's Permit I Chapter 31 I $500.00 I $118.00 I $618.00 C En TB (Daily Temporary Mixed Beverage Permit(Per Day) I Chapter 30 I $50.00 I $171.00 I $221 00 v m TN (Daily Temporary Private Club Registration Permit I Chapter 33 I $50.001 $192.00 I $242.00 I D Z DS (Direct Shipper's Permit I Chapter 54 I $75.00 I $0.00 I $75.00 1 --1 O I D (Distiller's&Rectifier's Permit I Chapter 14 i $1,500.00 I $149.00 I $1,649.00 I M- m FB (Food and Beverage Certificate 1 Chapter 25 I $100.00 I $245.00 I $345.001 U _ 1 FC (Forwarding Center Authority I Rule 35.6 I $1,000.00 I $118.00 I $1,118.00 I Z m I I 11ndustrial Permit I Chapter 38 I $60.00 1 $111.00 I $171 00 I O Z E (Local Cartage Permit I Chapter 43 1 $30.00 I $86.00 1 $116.00 ;U m LP I Local Distributors Permit I Chapter 23 I $100.00 I $192.00 I $292.001 D I Li (Local Industrial Alcohol Manufacturers Permit 1 Chapter 47 I $100.00 I $139.00 I $239.00 -4 C I T Manufacturers Agent's Permit I Chapter 36 I $10.00 I $40.00 I $50.00 M n I MR (Market Research Packager's Permit I Chapter 49 I $100.00 I $54.00 I $154.00 1 _ I MI IMinibar Permit Original I Chapter 51 I $2,000.00 I $149.00 I $2,149.00 1I O_ D I I 1st Renewal I I $1.500.00 I $149.00 I $1,649.00 1 CD l -- G) I I 2nd Renewal I I $1.000.00 I $149.00 I $1.149.00 I O m I I 3rd Renewal I I $750.00 1 $149.00 I $899.00 I t" (1) I MB (Mixed Beverage Permit Original I Chanter 28 1 $3,000.00 I $256.00 I $3,256.00 ll1 -0 m I I 1st Renewal I ( $2,250.00 I $256.00 I $2.506.00 I > n I I 2nd Renewal I I $1 500.00 I $256.00 I $1,756.00 I --1 M 1 3rd Renewal 1 1 $750.00 ( $256001 $1,006.00 I IRM (Mixed Beverage Restaurant Permit with FB Original I Chapter 28 I $3,000.00 I $256.00 I $3,256.00 I Z 1st Renewal 1 I $2,250.00 I $256.00 I $2,506.00 1 m m I I 2nd Renewal 1 I $1,500.00 I $256.00 I $1,756.001 CD I I 3rd Renewal I I $750.00 I $256.00 I $1,006.00 18 I LB (Mixed Beverage Late Hours Permit I Chaoter 29 I $150.00 1 $139.00 1 $289.00 I ; O I U (Nonresident Brewers Permit I Chapter 13 $1.500.00 I $160.00 I 51.660.00 1 n v' I S INonresident Sellers Permit I Chapter 37 I $150.00 I $160.00 I $310.00 D I P IPackage Store Permit I Chapter 22 I $500.00 I $213.00 I $713.00 1 1 PS IPackage Store Tasting Permit I Chapter 52 I $25.00 I $75.00 I $100.00 11 m I Q 1Wine Only Package Store Permit I Chanter 24 I $75.00 I $235.00 I $310.00 I I PT IPassenger Train Beverage Permit I Chaoter 48 I $500.00 1 $256.00 I $756.00 1 1 0 (Private Carrier's Permit I Chapter 42 1 $30.00 I $107.00 I $13700 utnortztng sun ect;Q: i EFFECTE�fE,i,©1E311i35 `:;,.;;. A 5latu4e?;;.:. !Annual Change ... Texas Alcoholic Cody Q25Ctiption of @@ BeVeYdg$CndB Fees t SuFCtietge 7Vtef Due NE (Private Club Exemption Certificate Permit I Chapter 32 I $0.00 I $0.00 I $0.00 I N (Private Club Reqistration Permit -OPTION 1 0 to 250 Members I Chapter 32 I $750.00 I $383.00 I $1,133.00 251 to 450 Members I I $1,350.00 I $383.00 I $1,733.00 451 to 650 Members I I $1,950.00 I $383.00 I $2,333.00 651 to 850 Members I I $2,550.00 I $383.00 I $2,933.00 I -n 851 to 1.000 Members I I $3,000.00 I $383.00 I $3,383.00 Over 1,000 Members I I$3 Per Member) $383.00 I VARIES I Q N iPrivate Club Registration Permit -OPTION 2 Oriainal I I $3,500.00 I $383.00 I $3.883.00 C 1st Renewal I I $2,750.00 I $383.00 I $3,133.00 1 2nd Renewal and All Subsequent Renewals I I $2,000.00 I $383.00 I $2,383.00 I m NB (Private Club Beer and Wine Permit I Chapter 32 I $1,50000 I $383.00 I $1,883.00 I C M cn I NL iPrivate Club Late Hours Permit I Chapter 33 I $750.00 I $149.00 I $899.00 1 m I L (Private Storaae Permit I Chapter 45 I $100.00 I $86.00 I $186.00 l� D Z PR Promotional Permit I Chapter 54 I $300.00( $0.00I $300.001 -j O K (Public Storaqe Permit I Chapter 45 I $100.00 I $86.00 I $186.00 I m m I W (Wholesalers Permit I Chanter 19 I $1.875.00 I $298.00 I $2.173.00 I rf I X (General Class B Wholesaler's Permit I Chapter 20 I $300.00 1 $277.00 I $577.00 I 0 z m I LX (Local Class B Wholesalers Permit I Chapter 21 I $75.00 I $277.00 I $352.00 I Z I V (Wine and Beer Retailers Permit Excursion Boat I Chanter 25 I $130.00 I $235.00 I $365.00 ;U m I Y I Wine and Beer Retailers Permit Railwav Car(Fee-Per Car) I Chapter 25 ( $30.00 I $235.00 I $265.001 D I Z (Wine Bottler's Permit I Chapter 18 I $225.00 I $256.00 I $481.00 I T I G (Winery Permit I Chapter 16 I $75.00 I $298.00 I $373.00 I m p I GS (Winery Storage Permit I Chapter 45 I $100.00 I $86.00 I $186.00 I ;U 0 BEER LICENSES CD D I BK (Agent's Beer License I Chapter 73 I $10.00 I $40.00 I $50.00 0 G) I BC (Branch Distributor's License I Chapter 66 I $75.00 I $298.00 I $373.00 o m I BB (General Distributor's License I Chapter 64 I $300.00 I $298.00 I $598.00 1� BI IImporter's License I Chapter 67 I $20.00 I $118.00 I $138.00 D T I BJ Ilmporters Carrier's License I Chapter 68 I $20.00 I $86.00 I $106.00 < T I BD I Local Distributor's License I Chanter 65 I $75.00 I $298.00 I $373.00 n I BA IManufacturer's License 1st Establishment I Chapter 62 ( $750.00 I $277.00 I $1,027.00 I m 0 2nd Establishment I I $1,500.00 I $277.00 I $1,777.00 Z 3rd,4th&5th Establishments I I $4,275.00 I $277.00 I $4,552.00 m m I Excess of 5 Establishments I I $8,400.00 I $277.00 I $8,677.00 ` o I MW IManufacturer's Warehouse License I Chapter 62 I $300.00 I $235.00 I $535.00 I C CD I BS INonresident Manufacturer's License I Chanter 63 I $750.00 I $245.00 I $995.00 ; CD I BP IBrewpub License I Chanter 74 I $500.00 I $181.00 I $681.00 1 n I BF IBeer Retailers Off Premise License I Chanter 71 I $60.00 I $235.00 I $295.00 I D IBE IBeer Retailers On Premise License(Excludinp DALLAS,HARRIS,TARRANT Counties) I Chapter 69 I $150.00 I $235.00 I $385.00 I ;0 IBE IBeer Retailers On Premise License(DALLAS,HARRIS,TARRANT Counties( Original I Chanter 69 I $1,000.00 I $235.00 I $1,235.00 I m I I Renewal) I $750.00 I $235.00 I $985.00 BL (Retail Dealer's On Premise Late Hours License I Chapter 70 I $250.00 I $139.00 I $38900 SL (Storage License I Chanter 75 I $200.00 I $86.00 I $286.00 I BH ITemporary License I Chapter 72 I $30.00 1 $171.00 I $201.001 I CA ITemporary Charitable Auction Permit I Chapter 53 I $25.00 I $171.00 I $196.00 I IBIG (Wine and Beer Retailers Permit(Excluding DALLAS,HARRIS,TARRANT Counties) I Chapter 25 I $175.00 I $235.00 I $410.00 IBG (Wine and Beer Retailers Permit(DALLAS,HARRIS,TARRANT Counties) Original I Chapter 25 I $1,000.00 I $235.00 I $1,235.00 I I Renewal) I $750.00 I $235.00 I $985.001 1 BO I Wine and Beer Retailer's Off Premise Permit I Chapter 26 I $60.00 I $235.00 I $295.001