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