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Ord 648 Amending Chapter 6, Alcoholic Beverages Section 6-36 License or permit feesTOWN OF WESTLAKE ORDINANCE NO. 648 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, SECTIONS 6-36, LICENSE OR PERMIT FEES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake Town Council issues permits and collects local alcohol permit fees as defined by Section 11.38 of the Texas Alcoholic Beverage Code; and WHEREAS, Section 11.38 of the Texas Alcoholic Beverage Code, provides that a governing body may levy and collect a fee not to exceed one-half the state fee for each alcoholic beverage permit issued for premises located within the town; WHEREAS, section 11.09 of the Texas Alcoholic Beverage Code has been amended to allow for bi-annual permits and licenses, and the Texas Alcoholic Beverage Commission has adopted rules to effectuate that change; WHEREAS, the Town of Westlake desires to update its collection practices and amend the ordinance authorizing the collection and administration of said permits; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Chapter 6, Alcoholic Beverages, Sections 6-36, of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: Sec. 6-36. License or permit; fees. (a) In order to sell alcoholic beverages in the Town of Westlake, a dealer must meet all requirements of state law and must apply for and obtain a license or permit from the Town of Westlake in accordance with this Article and pay all required fees. (b) Requirements for frling application. (1) Any dealer applying for a town license or permit for the sale of alcoholic beverages, issued by authority of the Texas Alcoholic Beverage Code, or to change the location of the place of business designated in such a license or permit shall deliver to the town secretary for filing one copy of the appropriate forms filed by the applicant with the state alcoholic beverage commission for the issuance of a license or permit and a copy of the license and permit issued by the state alcoholic beverage commission. Ordinance 648 Page 1 of 4 (2) An application for a town license or permit or for a change of location for an existing license or permit must be accompanied with scale drawing showing the proposed or actual location of the dealer's place of business where alcoholic beverages are sold in relation to streets, property lines, and the location of the nearest church, public school or public hospital. (3) Any dealer applying for a renewal of a town license or permit for the sale of alcoholic beverages, issued by authority of the Texas Alcoholic Beverage Code, shall deliver to the town secretary for filing a copy of the renewed state license or permit to show that the dealer has been issued a license or permit to engage in such business by the Texas Alcoholic Beverage Commission. (4) The town license or permit is valid for two years from the date of its issuance. (c) License orpermitfee. There is hereby levied on each dealer granted and holding a license or permit under this article or under the Texas Alcoholic Beverage Code and engaged in the business authorized by such license or permit in the town a bi-annual license fee. Such bi- annual license or permit fee shall be one-half of the fee charged by the Texas Alcoholic Beverage Commission for each license or permit. (d) Fee paid bl-annually, separate license or permit for each place of business. The fee for licenses or permits as required by this article shall be paid - within thirty (30) days of obtaining a license or permit from the Texas Alcohol and Beverage Commission. A separate license or permit shall be obtained for every place of business where the business of alcoholic beverage sale is conducted. (e) Issuance and contents of license orpermit. Upon receipt of the information required to be provided to the town secretary and upon payment of the license or permit fees and upon compliance with the provisions of this article, the town secretary or designee may issue a license in the name of the town, which shall acknowledge receipt of the license or permit fees and shall state on its face for which it is issued, the name of the dealer, the expiration date of the state license or permit, the purpose, the address of the dealer's place of business and the issuance and expiration dates) of the town license or permit, the signature of the town secretary and the seal of the town. (f) License orpermit to be displayed The license or permit issued pursuant to this article by the town secretary or a designated agent shall be displayed at all times in a conspicuous place within the dealer's place of business. (g) Reporting requirements. (1) The dealer of a place of business for which a license or permit has been issued by the state and the town for the sale of alcoholic beverages shall, on a quarterly basis, file with the town secretary an affidavit, on an officially -approved form provided by the town secretary, that reflects the gross sales of the particular place of business for the preceding three months, breaking down the sales of food, alcoholic beverages and other items. The quarterly reports for the previous three-month period shall be due on or before the 25th day of the months of April, July, October and January. (2) The dealer of a place of business for which a license or permit has been issued by the state and town for the sale of alcoholic beverages shall also file with the town secretary on a quarterly basis, at the same time the affidavit on total sales is filed, a copy of the filing(s) Ordinance 648 Page 2 of 4 supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three- month period. (h) Noncompliance. If a quarterly report reflects that the dealer is not in compliance with this article, then the dealer shall be subject to the penalty contained in this article and shall have its license or permit revoked and no longer be authorized to sell alcoholic beverages at the place of business in violation of this article. (i) Right to inspect: The town shall have the right to inspect the dealer's books and records to ensure compliance with this article upon providing the applicant with at least four hours notice. SECTION 3: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION S. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 648 Page 3 of 4 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED O-Kj#jj 13th DAY OF DECEMBER, 2010 ATTEST: rFXAS Kelly Edwards, Town Secretary 'ice d`-5�' -zt , " Laura Wheat, Mayor Tom Brymr, )An Manager Ordinance 648 Page 4 of 4 il® V "X%_x2d Star -Telegram Customer ID: TOW27 400 W. 7TH STREET Invoice Number: 313527821 FORT WORTH, TX 76102 Invoice Date: 12/17/2010 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2010 Bill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Number: 31352782 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: ORDINANCE NO. 6 Publication Dates:1 2/16/2010 12/17/201 40. 163.4 Sales Misc THE STATE OF TEXAS County of Tarrant 13580 1 27 27 LINE $17.31 $934.88 ($871.98) $10.00 Net Amount: $72.90 NO P Cj 1-0 its I "OF 11V 31 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 (—\ 11 A-) tcll� k SUBSCRIBED AND SWORN TO BEFORE ME, T1 Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 313527821 Invoice Amount: $72.90 PO Number: Amount Enclosed: