04-057 - O TOWN OR PROSPER ORDINANCE NO. 04-57
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS
("TOWN"), 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 AND FEES 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.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
canvassed the results of the local option election held May 15th, 2004 and found that the
proposition in said election was duly passed by the voters;
WHEREAS, all 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 Town Council finds that the costs of processing the Applications should
be defrayed by the Town by collecting processing fees from the applicants ("Processing Fee");
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"); and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to pass this Ordinance;
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: 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 or wine within the Town without having first paid a annual Town
Permit Fee equal to 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. Such Permit Fee shall be paid to the Town Secretary annually. 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 3: Processing 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, to ensure that the Application complies with all Town ordinances and regulations
and are for establishments located in a wet area.
SECTION 4: Annual Processing Fee Established. An annual Processing Fee in the
amount of $250.00 shall be charged by the Town Secretary for accepting any Application or
renewal. The Town Secretary shall issue a receipt for the Processing Fee and keep a record of
the same in the Town Secretary's office. All receipts issued for the payment of Processing 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 5: Savings/Repealing 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: 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 7: Effective Date. This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 25th day of May, 2004.
APPROVED AS • FORM:
arla:� s
an•yr7r
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jennin ,, Town Secreary
DATE OF PUBLICATION: 6/,3 l V"1 OgAti , Dallas Morning News—Collin County Addition
I
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, Leg al Advertising Representative resentative 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 —COLLIN COUNTY EDITION on: k'
Legal Notices
TOWN TEXAS OF PROSPER, June 3, 2004
TEXAS NO.04-57
AN ORDINANCE OF June 4, 2004 1
THE TOWN COUNCIL
OF THE TOWN OF I
PROSPER, TEXAS
("TOWN"), ESTABLISH-
ING THAT ANNUAL
PERMIT AND LICENS-
ES ARE REQUIRED
AND ESTABLISHING FOR APPLICA- i',..
TIONS FOR PERMITS ',.,I.
AND LICENSES UNDER
THE TEXAS ALCOHOL-
IC BEVERAGE CODE;
ESTABLISHING PRO-
CESSING PROCEDURES
AND FEES FOR APPLI-
CATIONS FOR PERMITS 1
AND LICENSES UNDER
THE TEXAS ALCOHOL- �''.
IC BEVERAGE CODE; 1 /; , of 1/ �,'
PROVIDING FOR RE- _.,Soil v�...
PEALING, SAVINGS 1
AND SEVERABILITY
CLAUSES; PROVIDING (Lynda Black)
FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE.
Sworn to and subscribed before me this June 4, 2004, A.D
�ATrF4/ ,
v ae1P,RY�ni,�F/�,®' (Lisa Battenf'r d)
..-.... : Nobtior 1 :°
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