16-52 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-52
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY REPEALING EXISTING SUBSECTION 1.4(16), "ALCOHOLIC
BEVERAGE SALES," OF SECTION 1, "USE OF LAND AND
BUILDINGS" OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS," AND REPLACING IT WITH A NEW SUBSECTION
1.4(16), "ALCOHOLIC BEVERAGE SALES," OF SECTION 1, "USE OF
LAND AND BUILDINGS" OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS"; PROVIDING FOR A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the
Planning and Zoning Commission of the Town of Prosper, Texas, has recommended
amending the Town's Zoning Ordinance to encompass those amendments as set forth
herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing,
the Town Council of the Town of Prosper, Texas, has determined that it is in the public's
best interest and in furtherance of the health, safety, morals, and general welfare of the
citizens of the Town to amend the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection 1.4(16),
"Alcoholic Beverage Sales," of Section 1, "Use of Land and Buildings," of Chapter 3,
"Permitted Uses and Definitions," of the Town's Zoning Ordinance, as amended, is
hereby repealed in its entirety and replaced with a new Subsection 1.4(16), " Alcoholic
Beverage Sales," to read as follows:
16. Alcoholic Beverage Sales
Alcoholic Beverage Sales, as defined by the Prosper Zoning Ordinance, as
amended, shall mean any establishment, place of business or person
engaged in the selling of Alcoholic Beverages, as defined in the Texas
Alcoholic Beverage Code, as amended, to the general public for off-premise
personal or household consumption.
a) Alcoholic Beverage Sales shall be subject to compliance with the Texas
Alcoholic Beverage Code, as amended, and any applicable local option
elections.
b) Alcoholic Beverage Sales are permitted only in the NS, DTR, R, DTC, C,
CC and I zoning districts.
c) Beer sales are not permitted in residential zoning districts.
d) Pursuant to the Town Charter, the sale of liquor, as defined in the Texas
Alcoholic Beverage Code, as amended, shall be prohibited by a person or
entity holding a package store permit, as described in the Texas Alcoholic
Beverage Code, as amended, in any zoning district which allows, in
whole or in part, residential development in the Town.
e) The regulations herein applicable to a public school shall also apply to a
day-care center or a child-care center as provided in Section 109.331,
Texas Alcoholic Beverage Code, as amended.
f) Alcoholic Beverage Sales shall not be located within the following:
1. Three hundred feet(300')from a church, public school, private school,
and/or public hospital. However, Alcoholic Beverage Sales may be
located within three hundred feet (300') of a private school if minors
are prohibited from entering the place of business, as required by
Section 109.53, Texas Alcoholic Beverage Code, as amended; or
2. One thousand feet (1,000') from a private school if the Town Council
receives a request for this additional spacing requirement from the
board of the private school, and the Town Council adopts the
additional spacing requirements by resolution. But, the Town Council
may not adopt this additional spacing requirement if: (i) minors are
prohibited from entering the place of business engaged in Alcoholic
Beverage Sales, pursuant to Section 109.53, Texas Alcoholic
Beverage Code, as amended; (ii) the holder of a retail off-premise
consumption permit or license if less than fifty percent (50%) of the
gross receipt for the premises, excluding the sale of items subject to
the motor fuels are from the sale or service of alcoholic beverages; or
(iii) the holder of a license or permit issued under Chapter 27, 31 or
72, Texas Alcoholic Beverage Code, as amended, who is operating
on the premises of a private school.
g) Measurement of the distance between the place of business engaged in
Alcoholic Beverage Sales and the church or public hospital shall be along
the property line of the street fronts, from front door to front door, and in a
direct line across intersections. Measurement for the distance between
the place of business engaged in Alcoholic Beverage Sales and a public
or private school shall be:
1. In a direct line from the Property Line of the public or private school to
the Property Line of the place of business, and in a direct line across
intersections; or
2. If Alcoholic Beverage Sales are located on or above the fifth (5th) story
of a multistory building, in a direct line from the Property Line of the
public or private school to the Property Line of the place of business,
in a direct line across intersections, and vertically up the building at
Ordinance No.16-52,Page 2
the Property Line to the base floor on which Alcoholic Beverage Sales
are located.
h) In accordance with Section 109.33, Texas Alcoholic Beverage Code, as
amended, in this Paragraph 16, "private school' means a private school,
including a parochial school, that:
1. Offers a course of instruction for students in one or more grades from
kindergarten through grade twelve; or
2. Has more than one hundred (100) students enrolled and attending
courses at a single location.
i) If at any time an original Alcoholic Beverage permit or license is granted
by the Texas Alcoholic Beverage Commission to an establishment, place
of business, or person and the establishment, place of business or person
satisfies the requirements regarding the distance requirements in this
Paragraph 16, then the same shall be deemed to satisfy the distance
requirements for all subject renewals of the license or permit. This shall
not be the case if the Texas Alcoholic Beverage Commission revokes the
license or permit."
SECTION 3
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. 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 or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict, and any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication
as required by law.
Ordinance No.16-52,Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF SEP BER, 2016.
Ray Smith, Oayor
ATTEST:
Robyn p
a jig, Town Se re ary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Wel"ch, Town Attorney
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