ORD 1206 07/25/2017Ry O r C/8
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"Gtyof Choice"
ORDINANCE l.aO 6
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO;
AUTHORIZING THE PLACEMENT ON THE NOVEMBER 7, 2017 ELECTION AN
INITIATIVE WHICH, IF SUCCESSFUL WOULD AMEND THE PROHIBITION
AGAINST THE SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES AND
PUBLIC AND PRIVATE SCHOOLS BY ALLOWING CITY COUNCIL, AFTER A
PUBLIC HEARING, TO CONSIDER VARIANCES THERETO; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Texas Alcoholic Beverage Section 109.33 authorizes City Council to enact regulations, which
prohibits the sale of alcoholic beverages within 300 feet of a church or a public or private school; and
Whereas, by ordinance, passed and approved by City Council on August 26, 2013, (Ordinance No. 1066)
the City Council authorized the submission of an initiative to the voters at a special election on November
5,2013; and
WHEREAS, at the special election the voters approved the initiative, which read:
It shall be unlawful for any person to sell or engage in the business of selling alcoholic
beverages within the City where the place of business is within 300 feet of any church,
public school, or private school. The measurement of the distance between the place of
business where alcoholic beverages are sold and the church shall be along the property
lines of the street fronts and from front door to front door, and in direct line across
intersections. The measurement of the distance between the place of business where
alcoholic beverages are sold and the public schools shall be in a direct line front the
property line of the public school or private school to the property line of the place of
business, and in a direct line across intersections.; and
WHEREAS, said initiative was codified as Section 6.2 of the City of Cibolo's Code of Municipal
Ordinances; and
WHEREAS, since the adoption of Section 6.2; a number of citizens and property owners have advised
City Council that the absolute prohibition against the sale of alcoholic beverages near schools and hospitals
has prevented the development of restaurants including national chain restaurants, such as Chili's, grocery
stores, such as HEB, or drug stores, such as Walgreens, due to the proximity of real property conducive to
such development to churches and public and private schools; and
WHEREAS, the City Council has taken notice of Texas Alcoholic Beverage Code Section 109.33(e),
which authorizes City Council to allow variances to the prohibition against the sale of alcoholic beverages
near churches, public and private schools if City Council 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 City Council, 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; and
WHEREAS, City of Cibolo, City Charter Section 6.15 provides that the City Council, upon its own motion
and by the affirmative vote of a majority of the full membership of the City Council, may submit to popular
vote, at any election, the adoption of a proposed ordinance; and
WHEREAS, the City Council desires to ask the voters if they wish to allow an amendment to Section 6.15
in orderto allow City Council to consider variances to the prohibition againstthe sale of alcoholic beverages
near churches, public and private schools, after a public hearing on such variance requests.
NOW THEREFORE BE IT ORDAINED BY TIE' CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION I.
BALLOT LANGUAGE
THAT there should be placed on the ballot on the election to be held on November 7, 2017, an initiative
which proposes an ordinance, and which reads as follows:
As authorized by Texas Alcoholic Beverage Code Section 109.33(e), City Council nnay
consider applications for variances to the prohibition against the sale of alcoholic
beverages within 300 feet of any church, private school or public school only if City
Council first conducts a public hearing on the matter and before the thirtieth day before
the date of the public hearing notice is given bypublication in the City's official newspaper
and on the City's website, and after the conclusion of the public hearing at least 3/ of the
total membership of City Council find all of the following:
1) The proposed sale of alcoholic beverages would constitute no more than
percent of the establishment's annual gross revenues;
and
2) Prior to the date of the Public Hearing an authorized representative of the
affected church, public school, or private school has provided the City
Manager with written confirmation that the affected church, public school, or
private school has no objection to the granting of the variance;
3) The granting of the variance will not have a negative effect on the health, safety
or welfare of the public,-
4)
ublic;4) On or before March 15 of the year following the granting of a variance, and
every March 15 thereafter, the owner of the establishment for which the
variance was granted shall submit to the City Secretary all necessary
documentation to verify that during the preceding calendar year no more than
percent of the establishments annual gross
revenues were generated by the sale of alcoholic beverages; and
5) Violations of the conditions on the Variance are punishable by crin7inal fine
and any and all remedies available at law and or equity including but not
limited to revocation of the Variance.
SECTION II.
SEVERABILITY
THAT if any provision of this Ordinance or the application thereof to any person or circumstance shall be
held to be invalid, the remainder of this Ordinance and the application of such provision to other persons
and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have
been enacted without such invalid provision.
SECTION M.
PUBLIC MEETING
THAT it is officially found, determined, and declared that the meeting at which this Ordinance is adopted
was open to the public and public notice of the time, place, and subject matter of the public business to be
considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, of the
Texas Government Code.
SECTION IV.
EFFECTIVE DATE
THAT this ordinance will take effect upon its passage, and approval, by the affirmative vote of a majority
of the full membership of the City Council.
PASSED AND APPROVED this, the 9 5'day of l `i 2017.
ATTEST:
Peggy Cimics, City Secretary
CITY OF CIBOLO
Allen Dunn, Mayor
APPROVED AS TO FORM:
DNRBH&Z, CITY ATTORNEY