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O-2018-6161 - 12/20/2018 I ORDINANCE NO. 0-2018-6161 2 3 AN ORDINANCE AMENDING CHAPTER 4, CODE OF ORDINANCES 4 (2018 EDITION), CITY OF ROUND ROCK TEXAS, BY AMENDING 5 CHAPTER 4, SECTION 4-2 TO ADOPT EXTENDED HOURS FOR THE 6 SALE OF MIXED BEVERAGES AND BEER; AND PROVIDING FOR A 7 SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES 8 OR RESOLUTIONS. 9 10 WHEREAS, Sections 105.03(d)(2) and 105.05(d)(2) of the Texas Alcoholic 11 Beverage Code (the "Code") provide that cities with a population of less than 800,000 12 may authorize the sale of mixed beverages and beer by the holder of a retail dealer's 13 on-premise late hours license during the hours of 12:00 a.m. and 2:00 a.m. on any day; 14 and 15 WHEREAS, Section 105.04 of the Code provides that the hours of sale of 16 beverages under a wine and beer retailer's permit are the same as those provided for 17 the sale of beer under Section 105.05 of the Code; and 18 WHEREAS, the City Council has determined that the Code of Ordinances should 19 be amended to authorize extended hours for the holders of late hours permits issued by 20 the Texas Alcoholic Beverage Commission; Now, Therefore, 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 22 TEXAS: 23 I. 24 25 That Chapter 4, Section 4-2, Code of Ordinances (2018 Edition), City of Round 26 Rock, Texas, is hereby amended by designating the existing subsection as "(a)" and 27 adding two new subsections, so that said Section 4-2 shall read as follows: 0112.1804,00413725 I Sec.4-2. -Selling of alcoholic beverages restricted to certain hours. 2 (a) Any person, firm, or corporation authorized to offer for sale alcoholic beverages within the 3 city limits will do so only during the hours authorized under V.T.C.A., Alcoholic Beverage Code ch. 105. 4 (b) Pursuant to §105.03 of the Alcoholic Beverage Code extended hours for the sale of 5 mixed beverages are adopted so that the holder of a mixed beverages late hours permit may sell and 6 offer for sale mixed beverages between midnight and 2 a.m. on any day. 7 (c) Pursuant to §105.05 of the Alcoholic Beverage Code, extended hours for the sale of beer 8 are adopted, so that the holder of a retail dealer's on-premise late hours license may sell offer for sale 9 and deliver beer between midnight and 2.am. on any day. 10 11 II. 12 13 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 14 expressly repealed. 15 B. The invalidity of any section or provision of this ordinance shall not 16 invalidate other sections or provisions thereof. 17 C. The City Council hereby finds and declares that written notice of the date, 18 hour, place and subject of the meeting at which this ordinance was adopted was posted 19 and that such meeting was open to the public as required by law at all times during 20 which this ordinance and the subject matter hereof were discussed, considered and 21 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas 22 Government Code, as amended. 23 Alternative 1. 24 By motion duly made, seconded and passed with an affirmative vote of all the 25 Council members present, the requirement for reading this ordinance on two separate 26 days was dispensed with. 2 I READ, PASSED, and ADOPTED on first reading this day of 2 , 2018. 3 Alternative 2. 4 READ and APPROVED on first reading this theme of � day 57-e , 2018. 6 READ, APPROVED and ADOPTED on second reading this the day of 7 '� - , 2018. 8 9 10 CRAIG ORG , Mayor 11 City of ound FVk, Texas 12 13 ATTEST: 14 15 16 SARA L. WHITE, City Clerk 17 18 3