14-06 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-06
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING DIVISION 1, "GENERALLY," OF ARTICLE 4.02,
"ALCOHOLIC BEVERAGES," OF CHAPTER 4, "BUSINESS REGULATIONS,"
BY ADDING A NEW SECTION 4.02.002, ENTITLED "SALE OF MIXED
BEVERAGES;" REPEALING ORDINANCE NO. 06-102 IN ITS ENTIRETY;
REPEALING EXISTING DIVISION 2, "PERMITS AND LICENSES," OF
ARTICLE 4.02, "ALCOHOLIC BEVERAGES," OF CHAPTER 4, "BUSINESS
REGULATIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF
PROSPER, TEXAS, AND REPLACING SAME BY ADDING A NEW DIVISION
2, "PERMITS AND LICENSES," OF ARTICLE 4.02, "ALCOHOLIC
BEVERAGES," OF CHAPTER 4, "BUSINESS REGULATIONS;" MAKING
FINDINGS RELATED THERETO; PROVIDING A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on or about May 13, 2006, voters in the Town of Prosper, Texas, approved
a proposition to permit the sale of mixed beverages in restaurants by food and beverage
certificate holders only; and
WHEREAS, thereafter, the Town Council of the Town of Prosper, Texas ("Town
Council"), adopted Ordinance No. 06-102 on or about September 12, 2006, which Ordinance
provided, in part, for fees for licenses and permits related to alcoholic beverages and further,
repealed Ordinance No. 04-57 in its entirety; and
WHEREAS, it has been found that the Town's Code of Ordinances, as currently
codified, does not reflect any amendments contemplated by Ordinance No. 06-102, and in fact,
the codified version of Division 2, "Permits and Licenses," of Article 4.02, "Alcoholic Beverages,"
of Chapter 4, "Business Regulations," of the Code of Ordinances reflects language contained in
repealed Ordinance No. 04-57; and
WHEREAS, in an effort to clarify Division 2, "Permits and Licenses," of Article 4.02,
"Alcoholic Beverages," of Chapter 4, "Business Regulations," of the Code of Ordinances, said
Division as well as Ordinance No. 06-102 should be repealed so that it is clear and
unambiguous about what provisions and fees currently apply.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Division 1, "Generally," of Article
4.02, "Alcoholic Beverages," of Chapter 4, "Business Regulations," of the Code of Ordinances is
hereby amended by adding a new Section 4.02.002, to read as follows:
"Sec. 4.02.002 Sale of mixed beverages
At the local option election of the town held on May 13, 2006, the voters approved proposition
no. 1 for the legal sale of mixed beverages in restaurants by food and beverage certificate
holders only.
Secs. 4.02.003—Sec. 4.02.030 Reserved."
SECTION 3
Ordinance No. 06-102 is repealed in its entirety, and the effective date of the repeal shall
not occur until the effective date of this Ordinance at which time Ordinance No. 06-102 shall be
repealed.
SECTION 4
From and after the effective date of this Ordinance, existing Division 2, "Permits and
Licenses," of Article 4.02, "Alcoholic Beverages," of Chapter 4, "Business Regulations," of the
Code of Ordinances is hereby repealed in its entirety, and shall be replaced with a new Division
2, "Permits and Licenses," of Article 4.02, "Alcoholic Beverages," of Chapter 4, "Business
Regulations," of the Code of Ordinances to read as follows:
"Division 2. Permits and Licenses
Sec. 4.02.031 Permit required, fee
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 paid a town permit fee equal to one-half of the state fee required by the
Alcoholic Beverage Code, as may be amended from time to time, of every person who 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, wine or other
alcoholic beverage. Such permit fee shall be paid to the town secretary every two years. 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 two years.
Sec. 4.02.032 Processing procedures
Before the town secretary shall sign any application for a permit or license under the Alcoholic
Beverage Code, or any renewal, such application shall be submitted to the appropriate town
departments, as determined by the town manager, to ensure that the application complies with
all town ordinances and regulations and are for establishments located in a wet area."
Ordinance No.14-06,Page 2
SECTION 5
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 portion of
conflicting ordinances shall remain in full force and effect.
SECTION 6
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional.
SECTION 7
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 8
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF FEBRUARY, 2014.
Ray Smith, Mayor
ATTEST:
Robyn 7attle,'fioGvn Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-06,Page 3