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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 1 0`