HomeMy WebLinkAboutMISC 1 _ _ - _ -1: - T- - __ - f - -_ t- _ r'•- 1 ^.
Sec. 109.33. 3 i]ea Near ._._tiool. ChuL.-h. or RosbiL IP,
applicable in areas in the county outside an incorporated city or
t_wr. and the governing bcd,Ir.-, of an incorporated city or - -
enact regulations applicable in the city or town, prohibiting the
is within:
(1) 300 feet of a church, public school, or public hospital";
or
K2) 1,000 feet of a public schnii, i f the et—et oc -- - - -•c
court or the governing body receives a request from the board
of trnstees of a school district
of __ _ .- t=-(3E.007,
Education Code. 'o
Th,=,. measuremerrr if iic:t.mee - -- - iietweeb -- `- - of
• business where alcoholic beverages are sold and the church or
public hospital 1 shall be along_. the property ine.s of r _ e street
fronts and from front door to front door, and in direct line
• across intersections. The measurement of r ,,, _ ,e between
the place of business where alcoholic beverages are sold and the
public schools shall e in a direct ____t fro7 tha propnrtv _ -_ --
of the public school to the property line of the place of
business, and in a direct line across i.,t _-__ - -,tion s.
Every p_icant for an original _` __ '-
or permit for a location with a door by which the public may
enter the place of business of the applicant that is within , !J ':
feet of the nearest property line of a public school, measured
along street lines and directly across Iitersections, must give
written notice of the application to officials of the public
school before filing the application with the _.rmi ssion. A coPV
of the notice must be submitted to the commission with the
application. Ti i o Subsection ,i doeb not apply a permit
license covering a premise where minors are prohibited from
entering the premises under Section 109.53.
(d) As to any dealer who held a license or permit op Sepfsdabnr
1, 1983, in a location where a regulation under this section was
in effect on that date, for purposes of S , (a), but not
Subsection (c), of this section, the measurement of the distance
between the 'lace of business of the dealer and a public school
shall be along the property lines of the street fronts and from
front door to front door, and in direct line across
intersections.
The commissioners court of a county or the governing board
of a city or town that has enacted a regulation under Subsection
(a) of this section may also allow variances to the regulation if
the commissioners court or governing body determines that
enforcement of the regulation in a particular instance is not in
the best interest of the public, constitutes waste or inefficient
use of land or other resources, creates an undue hardship on an
applicant for a license or permit, does not serve its intended
purpose, is not effective or necessary, or for any other reason
the court or governing board, 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.
http://capitatic.state.tx.us/statutes/codes/AB000068.html 05/01/2000
' 'eia e # a CUP (03-1001
Recommendation:
• Staff recommends approval of the Conditional Use Permit.
• The Planning & Zoning Commission recommended
approval at their June 5 meeting.
CUP:
• Proposing both live and recorded music and attractions
such as: pool tables, domino tables, and dartboards to the
existing Texadelphia Restaurant.
• There is a change from the staff report - the closing
time will vary, but all alcoholic beverage sales will comply
with City ordinance (ending at 1:1q a i -)
Location: 1 il(v
• To the south of the property is Ky_
• To the east is A &M United Metl _ L`YYUL
and fellowship building (just GV)('?) - IPYL ' Ali la-clq
reconstruction) 11-1"u I Viacs
• To the north is the Baptist Stude
a Community building and not a c ������\���� �'-m
Y 9 ,� 4 � �V1 t) Yl cal .
• This location meets all dista
alcoholic beverage service. CA- tZ' YY�l LA) (1 -} 1A;
CJ u.. rC i- ricks on
Public Response: H- . ( &4- w.ck Oft-)
• A letter from the Northgate Ass we J h o_ r
attachment.
• A letter from A &M UMC should -viy -i C Lk , -
earlier. i41 C�,(�� i C w\ Zy , ,i
r :e RL l - {
Ct! `CnY\ - J
k
HOMEOWNERS' ASSOCIATION: An incorporated, nonprofit organization operating under
recorded land agreements through which:
A. each lot and /or home owner in a planned unit or other described land area is automatically a
member,
B. each lot is automatically subject to charge for a proportionate share of the expenses for the
organization's activities, such as maintaining a common property, and
C. the charge, if unpaid, becomes a lien against the property.
HOSPITAL, SANITARIUM, OR NURSING HOME: A building or portion thereof, used or
designed for the housing or treatment of the sick, aged, mentally ill, injured, or infirm persons;
provided that this definition shall not include rooms in any residential dwelling, hotel, apartment
hotel not ordinarily intended to be occupied by said persons.
HOTEL: A building used or intended to be used as living quarters for transient guests, but not
excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barber
shop or other service facilities for the guests for compensation.
HUD -CODE MANUFACTURED HOME: A structure constructed after June 15, 1976,
according to the rules of the United States Department of Housing and Urban Development,
transportable in one or more sections, which in traveling. mode is eight body feet or more in width
or 40 body feet or more in length, or when erected on site, is A20 or more square feet, and which
is built on a permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating, air -
conditioning, and electrical systems.
(As amended by Ordinance No. 2211 dated September 26, 1996)
KINDERGARTEN: Any school, private or parochial, operated for profit or not, attended by four
(4) or more children at any one time during part of a twenty -four (24) hour day which provides a
program of instruction or development activities for children below the first grade level.
LOT: As used herein, a "lot" is the physical and undivided tract or parcel of land as shown on a
duly recorded plat.
MANUFACTURED HOME LOT: A parcel of land in a manufactured home park for the
placement of a single mobile m by Ordinance u No 2257 date exclusive t 12 1997 occupants.
)
planned and
MANUFACTURED HOME d for the the pllaceemen parcel obile or under
HUD code l manufactured h homes for been o
transient use.
(As amended by Ordinance No. 2257 dated August 12, 1997)
MOBILE HOME: A structure constructed before June 15, 1976, transportable in one or more
sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more
in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air - conditioning, and
electrical systems.
MOTEL: A building or group of two (2) or more detached, semi- detached or attached buildings
containing guest rooms or apartments with automobile storage space provided in connection
therewith, Which building or group is designed, intended or used primarily for the accommodation
of automobile travelers.
MULTIPLE BUILDING COMPLEX: More than one (1) principal building on a building plot.
NIGHT es dance floor, n music, games or other limited tainment is ff pro houses i nd'
Zoning Ordinance Page 2 - 6
where the serving of food is not the principal business. Specifically included in this classification,
are establishments that derive 75% or more of their gross revenue from the on-premise sale of,
alcoholic beverages Sexually oriented commercial enterprises as defined in the city College
Station Code of Ordinances, Chapter 4 Section 17 are not included m this definition ?'
(As amended by Ordinance No. 2204 dated August 29, 1996)
NON - CANOPY TREE: Any self- supporting woody plant with one or more trunks which attains a
height of at least fifteen (15) feet.
(As amended by Ordinance No. 2317 dated March 12, 1998)
ONE OWNERSHIP: Property which although belon ing to one or more owners, has not been
partitioned or subdivided so as to be owned separately by more than one person, whether or not
related or participating in a joint enterprise.
PARKING - INTERIOR: Parking rows which are not located on the periphery of the proposed
t project site and further, where none of the parking spaces abut any property line associated with
he proposed project site.
PARKING - PERIPHERAL: Parking rows which abut the periphery or property lines associated
with the proposed project site.
PARKING SPACE: A space used for the parking of a motor vehicle not on the paved or regularly
traveled portion of a public street or within private access easements and which meets the
requirements of this ord as to size, location, and configuration.
PASTURAGE: Land used primarily for the grazing of animal stock.
PERMITTED USE: A use specifically allowed in one (1) or more of the various districts without
the necessity of obtaining a use permit.
PERSON: Every natural person,. firm, partnership, joint venture, association, corporation, or
other group which conducts activities regulated hereunder as a single entity, whether same be a
legal entity or not, venture, or trust.
PERSONAL SERVICE SHOP: An establishment which provides services related to grooming,
appearance care, or repair of personal apparel; and which may sell products used or
recommended for those same purposes incidental to the services provided.
PHARMACY: A store where drugs are prepared and/or dispensed.
PLANNED UNIT: A land area which has individual building sites and common property,
designed to be capable of satisfactory use and operation without the involvement of other'
property, and which has been approved as a planned unit development under sections 7.19 or 7.20
of this ordinance.
PLANNED UNIT DEVELOPMENT: A single planned unit as initially designed; or such a unit as
expanded by, annexation of additional land area; or a group of contiguous planned units, as
separate entities or merged into a single consolidated entity.
PLOT PLAN: A plan showing the use of the land, to include locations of buildings, drives,
sidewalks, parking areas drainage facilities and other structures to be constructed, and anything
ease in accordance with Sections - 10 and 11.
PROJECT PLAN: Drawings and related information illustrating a proposed project for which a
use permit, site plan permit, or parking area/landscape approval is sought.
PROJECT REVIEW COMMITTEE(PRC): A committee composed of three alternating members
of the Planning and Zoning Commission, pursuant to this ordinance. This body acts on appeals of
Ztlning Ordinance Page 2 - 7
file a false report, such person shall be deemed guilty of a misdemeanor and upon
conviction be punished by a fine pursuant to the General Penalty set out in Chapter 1,
Section 5, of this Code of Ordinances, and shall pay to the tax collector the tax due,
together with a penalty of five percent (5 %) of the tax due for each thirty (30) days that
the same is not timely filed or paid.
(Ordinance No. 2030 of September 9, 1993)
(2) Tax Assessments
If the operators of any hotel shall fail to file a report for any period as required by this
section, or shall fail to pay the tax for any period as required by this section, then the tax
assessor - collector is hereby authorized to make an assessment of the tax for such
period. The tax assessed, together with any penalties provided by this section, shall be
a prior and superior lien on all property of the hotel.
(Ordinance No. 1009 of March 11, 1976)
G. EFFECTIVE DATE
This section shall be and become effective on and after October 1, 1973.
(Ordinance No. 892 of September 13, 1973)
SECTION 12: OFFICIAL NEWSPAPER
The Bryan - College Station Daily Eagle, a newspaper of general circulation throughout the City of College
Station, Texas, published in Bryan, Texas, is hereby designated as the official newspaper of the City of
College Station, Texas.
(Ordinance No. 478 of August 23, 1966)
NOTE: The current name of the publication is the Bryan - College Station Eagle.
SECTION 13: ALCOHOLIC BEVERAGES'
A. CITY COUNCIL ADOPTS HOURS PRESCRIBED IN TEXAS ALCOHOLIC BEVERAGE CODE
Pursuant to the authority granted to goveming bodies of incorporated cities in Chapter 105 of the
Texas Alcoholic Beverage Code, the City Council of the City of College Station, Texas, does
hereby adopt the hours prescribed in said code for the sale, consumption, or possession of
alcoholic beverages for the purpose of consumption in any place within the jurisdictional limits of
the City of College Station, Texas.
B. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person in the City of College Station, Texas, to consume any
alcoholic beverage in any public place or for any person to possess any alcoholic beverage in
any public place for the purpose of consuming the same in such public place at any time on
Sunday between the hours of 1:15 a.m. and 12:00 noon, and on all other days of the week
between the hours of 1:15 a.m. and 7:00 a.m..
C. SELLING OF ALCOHOLIC BEVERAGES
It shall be unlawful for any person in the City of College Station, Texas, to sell any alcoholic
beverage in any public place for the purpose of consuming the same in such public place at any
time on Sunday between the hours of 1:15 a.m. and 12:00 noon, and on all other days of the
week between 1:15 a.m. and 7:00 a.m.
(Ordinance No. 1673 of August 28, 1986)
1-6
Rev. 2/99
D. SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES, SCHOOLS AND HOSPITALS
(1) Definitions
The following definitions shall apply in the interpretation and the enforcement of this
section:
Ietturett A building used principally for religious worship and in which persons assemble
and congregate to worship at (east once each week and which is owned by suctf
con9egation or persons or leased by such congregation for a period of more than one
d
Public Hospital: A hospital to which the public at large is admitted for medical treatment.
Public School: A school which has one or more of the grades kindergarten through
twelfth grade, and which is owned and conducted by the state or a political subdivision or
agency thereof.
(2) Sales of Alcoholic Beverages Prohibited
No person shall sell or engage in the business of selling an alcoholic beverage where the
place of business of such person is within three hundred (300) feet of any church, public
school or public hospital, Abe measurefrtenta along the..propefty..lines of the street`
fronts and from front door to fronrear, and then direct line across street intersection
wfl reriey OCCUr.
(3) Exceptions
This ordinance shall not apply to a place of business which is legally authorized to sell
alcoholic beverages prior to the effective date of this ordinance; however, should such a
place of business discontinue the sale of alcoholic beverages, then the provisions of this
ordinance shall apply thereafter.
(Ordinance No. 1430 of June 23, 1983)
(4) City Secretary to Certify Application
Any person intending to sell alcoholic beverages within the city limits of the City of
College Station, shall make application to the City Secretary, who shall designate on the
Texas Alcoholic Beverage Commission Application whether or not the same is lawful by
the ordinances of the City of College Station.
If the City Secretary denies the application as not complying with the City ordinances,
applicant may appeal directly to the City Council. If the City Secretary fails to review the
application within ten (10) working days, applicant shall have the right to appeal to the
City Council for review of the application. In order to be placed on the agenda, applicant
must file a written request for Council review within ten (10) days of the decision of the
City Secretary. The City Council shall hear and review the application at the next
available Council meeting. There is no time limit for the filing of a written request for
Council review of an application when the City Secretary has failed to act.
(Ordinance No. 1619 of October 24, 1985)
E. Penalty
A violation of this section shall constitute a misdemeanor and upon conviction thereof shall be
punishable by a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code
of Ordinances.
(Ordinance No. 2030 of September 9, 1993)
1 -7
Rev. 4/98