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2081 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING NEW CHAPTERORDINANCE NO. 2081 AN ORDINANC E OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TFXAS, BE AMENDED BY ADDING A NEW CHAPTER, PROVIDING FOR LICENSE TO MANU- FACTURE, BREW, DISTILL, SELL OR DISTRIBUTE ANY WINE, BEER, LI- QUOR OR OTHER ALCOHOLIC BEVERAGE; PROVIDING FOR A PENALTY NOT TO FxCEED $200.00; PROVIDING FOR A SAVINCS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRO- VIDING FOR AN EFFECTIVE DATE OF APRIL 1, 1972. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the Code of Ordinances of the City of Paris, Paris, Texas, be amended by adding a new chapter to read as follows: "Chapter ALCOHOLIC BEVERAGES Section -l. Definitions. Unless otherwise provided, the words and phrases used in this chapter shall have the same meanings as ascribed to them by the Texas Liquor Control Act. The word "applicant" shall include each member of a partnership or association and all officers and the owner of the majority of the corporate stock of a cor- poration and the manager of the business for a corpora- tion, who makes application for a license or permit to sell, distribute or warehouse alcoholic beverages. Section -2. License to manufacture, sell, dis- tribute, etc. (a) It shall be unlawful for any person to manu- facture, brew, distill, sell or distribute any wine, beer, liquor or other alcoholic beverage within the city, or engage in any other activity for which a li- cense or permit is required by the Texas Liquor Control Act (this includes a private club permit), without first obtaining a license so to do from the City of Paris. The annual fee for each such license shall be an amount equal to one-half (1/2) the fee charged by the state for a license or permit to engage in a similar activity. Such fee shall be paid to the City Clerk. All license receipts issued under the terms of this section shall terminate one year from the date of issuance and no li- cense receipt shall be issued covering a longer term than one year. (b) It shall be unlawful for any person licensed to sell alcoholic beverages at retail, other than a manufacturer or distributor, to use or display a license or to exercise any privilege granted by a license except at the place, address, premises and location for which the license is granted. Section -3. Consumption on public street, sidewalk, park or alley prohibited. The drinking of any alcoholic beverage on any public street, sidewalk, park or alley, within the corporate limits of the City, is unlawful and is pro- hibited. The throwing of any opened container of the type generally used for alcoholic beverages from or out of any vehicle shall be prima facie evidence that the occupants thereof were then and there drinking alcoholic beverages in violation of this section. Section -4. Violations of chapter. Any person who violates any provision of this chapter, or who allows, on premises covered by his license issued under this chapter, any person to do the things prohibited by this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $200.00. Each day such vio- lation continues shall be a separate offense. Any room, building, structure or place of any kind where alcoholic beverages are sold, bartered, stored, possessed or consumed in violation of this chapter or the Texas Liquor Control Act, or under conditions and circumstances contrary to the purposes of this chapter or the Liquor Control Act is hereby declared to be a common nuisance, and any person who maintains or assists in maintaining or permits the violation of this chapter or the Liquor Control Act shall be guilty of a violation of this chapter. Action may be main- tained by the city to abate an d enjoin such nuisance." Section 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinaxlce are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the vali d judgment or decree of any court of competent juris- diction, 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 incor- poration in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. Section 3. Al1 ordinances or parts of ord.inances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective on April 1, 1972. Passed and adopted this 13th day,/ of March, 1972. ~ ATTFST : W. Farris, Mayor ~ : • H. C. Gr6ene, City Clerk AP VED S O FORM : T. . Ha nes City Attorney