06-096 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-96
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ZONING ORDINANCE NO. 05-20 RELATED TO THE REGULATION OF
THE SALE OF ALCOHOL BY PRIVATE CLUBS WITHIN
RESTAURANTSMORE SPECIFICALLY CHAPTER 3, SECTION 1.4.26
(CONDITIONAL DEVELOPMENT STANDARDS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS,the Town Council of the Town of Prosper,Texas ("Town Council")has investigated
and determined that certain portions of the of the Town of Prosper, Texas ("Prosper") Zoning Ordinance
No.05-20 regulating the sale of alcohol by restaurants, more specifically Chapter 3, Section 1.4.26
(Conditional Development Standards) should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law;and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Zoning Ordinance No. 05-20. Chapter 3, Section 1.4.26
(Conditional Development Standards), of the Town of Prosper's Zoning Ordinance No. 05-20 is hereby
amended to read as follows:
CHAPTER 3—PERMITTED USES AND DEFINITIONS
SECTION 1—USE OF LAND AND BUILDINGS
1.4 CONDITIONAL DEVELOPMENT STANDARDS
26. Restaurant or Cafeteria:
Permitted by right provided that no drive-through restaurant is permitted.
Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the
Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following
development criteria:
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a. Restaurants are only permitted to sell alcohol by right if the subject property was located
within the Town of Prosper corporate limits as of May 13, 2006. For property annexed into
the Town after May 13, 2006,a restaurant that sells alcohol must obtain a permit for a Private
Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol.
b. A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or
public hospital, measured along the property line of the street fronts from front door to front
door and in direct lines across intersections.
c. A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private
school, measured in a direct line from property line to property line and in direct lines across
intersections.
d. The distance between a restaurant that sells alcohol and a private school can be increased to
1,000 feet if the Town Council receives a request from the governing body of the private
school to do so.
e. Restaurants that derive more than 50% of their revenue from the sale of alcohol are only
permitted by Specific Use Permit as a Private Club in accordance with Chapter 2, Section 24
of the Town of Prosper's Zoning Ordinance No. 05-20,and may be located only in the Office,
Downtown Office, Retail, Downtown Commercial, Commercial and Commercial Corridor
zoning districts.
SECTION 4: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed,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 ordinance shall remain in full force and effect.
SECTION 5: Severability: 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 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed
2
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's 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 7: Effective Date: This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS on this 12th day of September, 2006.
APPROVED FORM:
a es is er, M or
ATTESTED TO AND
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atthew Denton, Town Secretary
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DATE OF PUBLICATION: S�/°rEniBc� 02.E_ � Dallas Morning News—Collin County
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County,this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News—Metro Collin County Edition on:
PROSPER,TO OTEXAS September 19,2006
ORDINANCE NO.06-96 •
AN ORDINANCE OF September 21,2006
PER,TTOEWAO
AMEND-
ING ZONING ORDI-
NANCE NO. 05-20 RE-
LATED TO THE REGU-
LATION OF THE SALE
OF ALCOHOL BY PRI-
VATE CLUBS WITHIN
RESTAURANTS MORE
SPECIFICALLY CHAP-
TER 3, SECTION 1.4.26
(CONDITIONAL DEVEL-
OPMENT STANDARDS,.
PROVIDING FOR A
PENALTY FOR THE VI-
OLATION OF THIS OR-
F REE• LING, ING
SAV- (Lynda Black)
FOR REPEALING, SAV-
INGS AND CLAUSES;SEVERABILI-
N
IG PROVID-.
EFFEC-
TIVE DATE OF THIS
ORDINANCE;AND PRO-
FOR THE PUB-
LICATION -
TION HEREOF.
Sworn to and subscribed before me this September 22, 2006, A.D
\\.0�ATTE" ,,f� (Lisa :a field)
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