16-53 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-53
AN
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 4, "BUSINESS REGULATIONS," OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING
THERETO A NEW ARTICLE 4.02.004, "ALCOHOLIC BEVERAGE SALES
DISTANCE VARIANCE REQUIREMENTS FOR CERTAIN RETAIL
STRUCTURES"; AMENDING APPENDIX A, "FEE SCHEDULE," TO THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING
A NEW DEVELOPMENT FEE SECTION V(1)(0), "ALCOHOLIC BEVERAGE
SALES DISTANCE VARIANCE"; 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 of Prosper, Texas (the "Town"), recognizes the need to continue
to regulate the distance between establishments that sell alcohol beverages for on-premise or
off-premise consumption and churches, hospitals, and schools in accordance with the Texas
Alcoholic Beverage Code; and
WHEREAS, the Town further recognizes that due to unique circumstances, the Town
may desire to consider variances to the distance requirements, as authorized by the Texas
Alcoholic Beverage Code, on a case-by-case basis for certain large retail structures, as
delineated herein; and
WHEREAS, the Town desires to establish procedures for considering applications for a
variance for certain large retail structures to the distance requirements; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt procedures for applications for a variance for certain large retail structures
to the distance requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above 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, Article 4.02, "Alcoholic Beverages" of
Chapter 4, "Business Regulations," of the Code of Ordinances of the Town of Prosper, Texas, is
hereby amended by adding thereto a new Article 4.02.004, "Alcoholic Beverage Sales Distance
Variance Requirements for Certain Retail Structures," to read as follows:
"Sec. 4.02.004 Alcoholic Beverage Sales Distance Variance Requirements for
Certain Retail Structures
(a) Pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, a variance to the
distance requirements prescribed by Section 4.02.002 and Section 1.4(16) of Chapter 3
of the Zoning Ordinance, as amended, may be requested and granted in accordance
with the following procedures, for any retail structure over fifty thousand (50,000) square
feet where the primary tenant occupies at least eighty percent(80%) of the structure.
(1) An application shall be submitted to the Town on a form provided by the Department
of Development Services.
(2) The application shall contain all required information on the form.
(3) The Department of Development Services shall set a date for consideration of the
application by the Town Council.
(4) No less than ten (10) days before the date of consideration by the Town Council, the
Director of Development Services or his or her designee shall provide notice to the
protected use that creates the need for the variance. For purposes of this section,
"protected use" shall mean a church, public or private school, hospital, day-care
center, or child-care facility as defined by the Zoning Ordinance, as amended.
(5) In considering the application for a variance to any distance requirement, the Town
Council shall consider if the distance requirement in the particular instance:
i. is not in the best interest of the public;
ii. constitutes waste or inefficient use of land or other resources;
iii. creates an undue hardship on an applicant for an alcohol permit;
iv.does not serve its intended purpose;
v. is not effective or necessary; or
vi.for any other reason that the Town Council, after consideration of the health,
safety, and welfare of the public and the equities of the situation, determines is
in the best interest of the community.
(6) The Town Council may impose reasonable conditions on the granting of a distance
variance.
(b) A variance granted pursuant to this section is valid for any subsequent renewals for the
alcohol permit. A distance variance granted pursuant to this section may not be
transferred to another location or to another alcohol permit holder.
Sec. 4.02.005--4.02.030 Reserved."
SECTION 3
From and after the effective date of this Ordinance, Appendix A, "Fee Schedule," to the
Town's Code of Ordinances is hereby amended by adding thereto a new Development Fee
Section V(1)(0), "Alcoholic Beverage Sales Distance Variance," to read as follows:
"Sec. V Development Fees
(1) Development Fees
Ordinance No.16-53,Page 2
(0) Alcoholic Beverage Sales Distance Variance: $500.00"
SECTION 4
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 5
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 of 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.
SECTION 6
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 13TH DAY OF SEPTEMBER, 2016.
APPROVED:
Ray Smith, Ma or
AT S
Robyn � ttle, own Sec,etary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No.16-53,Page 3