16-79 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-79
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";
BY REPEALING EXISTING SUBSECTION 1.4(26), "RESTAURANT," OF
SECTION 1, "USE OF LAND AND BUILDINGS" OF CHAPTER 3, "PERMITTED
USES AND DEFINITIONS," AND REPLACING IT WITH A NEW SUBSECTION
1.4(26), "RESTAURANT," OF SECTION 1, "USE OF LAND AND BUILDINGS"
OF CHAPTER 3, "PERMITTED USES AND DEFINITIONS"; PROVIDING FOR A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; 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Definitions," of the Town's Zoning Ordinance, as amended, is hereby repealed in its entirety and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) 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.
f) 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 the Property Line to the base
floor on which Alcoholic Beverage Sales are located.
g) 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; and
Ordinance No.16-79,Page 2
2. Has more than one hundred (100) students enrolled and attending courses at
a single location.
h) 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
From and after the effective date of this Ordinance, existing Subsection 1.4(26),
"Restaurant," 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(26), " Restaurant," to read as follows:
"26. Restaurant
a) A Restaurant is permitted by Specific Use Permit in the NS Zoning District and
is permitted by right in the O, DTO, DTR, R, DTC, C, and CC Zoning Districts
subject.
b) Restaurants with drive-through are only permitted in the R, C, and CC Zoning
Districts.
c) The distance requirement from any residential zoning district as established in
Section 9.11 of Chapter 4 applies to restaurants with a drive-through.
d) Restaurants that sell Alcoholic Beverages for on-premise consumption shall be
subject to compliance with the Texas Alcoholic Beverage Code, as amended,
and any applicable local option elections.
e) A Restaurant that sells Alcoholic Beverages for on-premise consumption shall
not be located within the following:
1. Three hundred feet(300')from a church, public hospital, public school and/or
private school. However, Alcoholic Beverage Sales may be located within
three hundred feet(300)of a private school if the holder of a license or permit
holds a food and beverage certificate covering a premise that is located
within three hundred feet (300') of a private school; or
2. One thousand feet (1000)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 such additional spacing requirements
by resolution. Measurement for the distance between a Restaurant where
Alcoholic Beverages for on-premise consumption are sold and a church or
public hospital shall be along the property lines of the street fronts, from front
door to front door, and in a direct line across intersections.
f) Measurement for the distance between a Restaurant where Alcoholic Beverages
for on-premise consumption are sold and a public and/or private school shall be:
Ordinance No.16-79,Page 3
1. In a direct line from the Property Line of the public and/or private school to
the Property Line of the place of business, and in a direct line across
intersections; or
2. If the Restaurant that sells Alcoholic Beverages for on-premise consumption
is located on or above the fifth (5th) story of a multistory building, in a direct
line from the Property Line of the public and/or private school to the Property
Line of the place of business, in a direct line across intersections, and
vertically up the building at the Property Line to the base of the floor on which
the Restaurant is located.
g) If a Restaurant receives seventy-five percent (75%) or more of its gross revenue
on a quarterly basis from the sale or service of Alcoholic Beverages for on-premise
consumption, the use will no longer qualify as a Restaurant and will be classified
and regulated by the Town as an Alcoholic Beverage Establishment under the
Zoning Ordinance.
h) There shall be no variances considered with regard to the regulations set forth
herein."
SECTION 4
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 5
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.
Ordinance No.16-79,Page 4
SECTION 6
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 7
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 #" AS, ON THIS 13TH DAY OF DECEMBER, 016.
PROSto
400
°
Ray Smith, M yor
AT S
Robyn Bar e, Town Secreta
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.16-79,Page 5