HomeMy WebLinkAbout1971-tabled - Ordinance - 03/22/1971ORDINANCE NO. TPdL?_'D
AN ORDINANCE PROHIBITING THE SALE OF CERTAIN NON -RETURNABLE OR DISPOSABLE BEVERAGE
CONTAINERS WITHIN THE CITY OF COLLEGE STATION, TEXAS.
BE IT ORDAINED by the City Council of the City of College Station,
Texas:
Section I. The sale of certain non -returnable or disposable beverage
containers as herein defined is hereby prohibited within the corporate limits of
the City of College Station.
Section II. Definitions
For the purposes of this Ordinance, the following terms, phrases, words
and their derivations shall have the meaning given herein:
a. Beverage(s) shall mean:
1. Non-alcoholic beverage - any mineral waters, soda waters
or any other carbonated or uncarbonated beverage not containing
alcohol that is commonly known as a soft drink.
2. Alcoholic beverage - any beer, ale or other malt beverage
containing one-half of one per centum or more of alcohol by volume.
b. City shall mean the corporate limits of the City of College
;Station.
C. City Manager shall mean the City Manager of the City of
College Station, or his designee.
d. Container shall mean any device made of glass or metal material
used for the purpose of holding or containing either soft drinks or
beer.
e. Non -returnable or disposable beverage container shall mean any
device made of glass or metal material used for the purpose of
holding or containing either soft drinks or beer and the title to
which the seller intends to pass with the sale of the contents.
f. Sale shall mean a commercial transaction by any person, firm,
individual, corporation, partnership or vendor whereby beverages
are exchanged for a monetary consideration.
Section III. Inspection
The City Manager, or his designee, shall have the authority to enter
upon the premises of any firm, individual, corporation, partnership or vendor
selling beverages and which is licensed to conduct a business under the laws of
this state, for the purpose of performing inspections to determine if said firm,
individual, corporation, partnership or vendor is in compliance with the provisions
of this Ordinance.
Ordinance No.
Page 2
Section IV. Violations
Any firm, individual, corporation, partnership or vendor selling
beverages within the City, found guilty of violating any provision of this
Ordinance, shall be guilty of a misdemeanor and shall be punished by a fine
not exceeding one hundred dollars ($100.00). Each day's violation of the
provisions of this Ordinance shall constitute a separate offense.
Section V. Severability
The provisions of this Ordinance are hereby declared to be severable
and if any provision, sentence, clause, section or part thereof is held illegal,
invalid, unconstitutional or inapplicable to any person or circumstance, such
illegality, invalidity, unconstitutionality or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections or parts
of this Ordinance or their application to persons and circumstances.
Section VI. Effective Date
This Ordinance shall take effect not less than ten (10) calendar days
following its passage, and after publication as required by law. Provisions of
this act shall apply to all sales of non-alcoholic and alcoholic beverages as
defined herein, made after July 1, 1971.
PASSED AND APPROVED this 22nd day of March, 1971, A. D.
APPROVED:
Mayor
ATTEST:
City Secretary
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