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2074 ORD AMENDING ZONING ORDINANCE NO 1710 ESTABLISHING USES AS FOLLOWS:ORDINANCE NO. 2074 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TFXAS, FSTABLISHING USES AS FOLLOWS: OFF-PREMIS ES CONSUMPTION SALE OF WINE, BEER OR ALE AS AN ACCESSORY USE TO A GROCERY STORE, OFF-PREMISES CONSUMPTION SALE OF ALCOHOLIC BEVERAGES, PACKAGE STORE, AND WAREHOUSE STORAGE OF BEER, WINE OR LIQUOR FOR DISTRIBUTION WITH NO RETAIL SALES ON THE PRFMISFS; PROVIDING FOR CERTAIN RII.ATED DEFINITIONS; PRO- VIDING FOR REQUIRED OFF-STREET PARKING; CREATING SPECIFIC USE PERMITS FOR OFF-PREMISFS CONSUMPTION SALE OF WINE, BEER OR ALE AS AN ACCESSORY USE TO A GROCERY STORE, OFF-PREMISFS SALE OF ALCOHOLIC BEVERAGFS, PACKAGE STORE, WAREHOUSE STORAGE OF BEER, WINE OR LIQUOR FOR DISTRIBUTTON WITH NO RETAIL SALES PERMITTED ON THE PREMISES, AND DANCE HALL, PUBLIC; PROVIDING FOR CONDI- TIONS AND REQUIREMENTS FOR THE ISSUANCE OF THE -SPECIFIC USE PERMITS CREATED; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; PROVIDING FOR A SAVINGS CLAUSE; REPE.AI-ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN FFFECTIVE DATE OF APRIL l, 1972. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. That the following paragraphs of Section 8, Ordinance No. 1710, be amended by adding thereto the following specific uses and the districts wherein they may be permitted: US ES 8-104 ACCESSORY AND INCIDEIVTAL USFS "Off-premises consumption sale of wine, beer or ale (Wine and Beer Retail Sales Store) as an accessory use to a grocery store (37) 8-106 RETAIL AND SgZVICE TYPE USFS "Off-premises consumption sale of all alcoholic beverages, Package Store (38) 8-107 COMMERCIAL AND SERVICE USES "Dance Hall, Public Warehouse storage of beer, wine, or liquor for distri- bution with no retail sales DISTRICTS PERMITTED Neighborhood Service General Retail Commercial Central Area Planned Development (a) Shopping Center" General Retail Commercial Central Area Planned Development (a) Shopping Center" Commercial Central Area Light Industrial Light Industrial Planned Development (c) Industrial Park" on the premises Section 2. That Paragraph 8-201 of Section 8 of Ordinance No. 1710 be amended to include the following definitions, as Subparagraphs 37 and 38: 1137. Wine and Beer Retail Sales Store - A building or structure designed for or intended for a use requiring a permit or permits for sale of wine, ales, and/or beer and malt liquors by the Texas Alcoholic Beverage Commission (VACS 666-15). 38. Package Store - A building or structure designed for a use requiring a Package Store Permit by the Texas Alcoholic Beverage Commission (VACS 666-15)." Section 3. That Paragraph 10-102 of Section 10 of Ordinance No. 1710 be amended to add the following parking re- quirement, as Subparagraph o: Tto, Package Store One (1) space for every 150 square feet of floor area." Section 4. That Paragraph 12-100 of Section 12 of Ordinance No. 1710 be amended by adding the following Sub- paragraphs 43, 441 45 and 46: 11(43) Off-premises consumption sale of wine, beer or ale (Wine and Beer Retail Sales Store) as an accessory use to a grocery store in the NS, GR, C, CA, and PD(a) Districts. (44) Off-premises consumption sale of all alcoholic beverages, Package Store in GR, C, CA and PD(a) Districts. (45) Warehouse storage of beer, wine, or liquor for distributors with no retail sales permitted on the premises in the LI and PD(c) Districts. (46) Dance Hall, Public, in the C, CA and LI Districts." Section 5. That Section 12 of Ordinance No. 1710 be amended by adding thereto the following paragraphs: "12-102 When a Specific Use Permit is applied for in conjunction with the sale of wine, beer or ale as an accessory use to a grocery store as spe- cified in Section 8-201, Item 37 of this ordinance, the following requirements shall be imposed: (a) An accessory use to a grocery store which has operated 12 months prior to the date of this ordinance, or having operated 12 months prior to date of application and presenting a record certified to by a Public Accountant showing an average monthly inventory greater than $8,000.00 retail value of f'oods in sales area. VJhen a new establishment is the applicant, 2,400 or more square feet of building area shall be provided. (b) There shall be no specific use permit issued to sell wine, beer or ale within 300 feet of any church, public school, public hospital, or public park. 12-103 When a Specific Use Permit is applied for in conjunction with the sale of alcoholic beverages forcff-premises consumption (Package Store) as specified in Section 8-201, Item 38 of this ordinance, the follow- ing requirements shall be imposed: (a) Two-hour fire resistant construction on all exterior walls shall be required. A minimum 1,000 square feet of building shall be required. (b) A clear glass front, 12" from ceiling to a maximum of 12" above the floor shall be required so as to insure adequate visibility of all portions of the in- terior of the store used for retail sales. No advertising,posting of signs, displays, curtains, drapes, or other obstruction shall prevent a clear view of the interior of such establishment. (c) Display isles shall be perpendicular to the front with a minimum five-foot isle to provide visibility to the rear wall of sales area and all access doors. (d) No lighted signs advertising alcoholic beverages larger than 4 square feet shall be attached to the building. Animated signs or blinking lights or detached signs will not be allowed. (e) There shall be sufficient exterior light- ing to illuminate the front, rear, and sides of the building to at least 10 foot- candles, 5 feet above the ground along the exterior walls, according to measurements by the City Building Official. (f) Drive-in windows shall not be allowed. (g) There shall be no permit issued to con- struct a building to sell alcoholic beverages where an establishment allowing dancing lies within 300 feet. (h) There shall be a burglar alarm connected to the po7i.ce station. (i) There shall be no specific use permit issued to sell alcoholic beverages within 300 feet of any church, public school, hospital or public park. 12-104 Where a building permit is applied for in conjunction with a public dance hall as pro- vided for in Section 8-107 of this ordinance, no permit shall be issued if the building is within 300 feet of an existing package store or wine and beer retail sales store." Section 6. That Paragraph 22-100 of Section 22 of Ordinance No. 1710 be amended by adding the following words and definitions, as Subparagraphs 66 and 67: 11(66) Premises - Grounds as well as all of the buildings, vehicles, and appurtenances per- taining thereto, and shall also include any adjacent premises, if directly or indirectly under the control of the same person. (67) Alcoholic Beverages - Alcohol and any beverage containing more than one-half of one percent (1/2 of 1%) of alcohol by volume which is cap- able of use for beverage purposes, either alone or when diluted." Section 7. Az1y person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00. Section 8. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdic- tion, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. Section 9. Al1 ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 10. This ordinance shall become effective on April 1, 1972. y of March, 1972. Passed and adopted this 43n ayor .Jaarris, ATTFST : ~ H. C. Greene, City Clerk APP D O FORM: T. K. Haynes City Attorney