O-2024-275 - 10/10/2024 1 ORDINANCE NO. 0-2024-275
2
3 AN ORDINANCE AMENDING CHAPTER 4, CODE OF ORDINANCES
4 (2018 EDITION), CITY OF ROUND ROCK, TEXAS, BY REPEALING
5 PERMIT FEES AND/OR LICENSE FEES AND AMENDING CERTAIN
6 MEASUREMENT REQUIREMENTS REGARDING THE SALE OF
7 ALCOHOLIC BEVERAGES AND PROVIDING FOR A SAVINGS CLAUSE
8 AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
11 TEXAS:
12 I.
13 That Chapter 4, Code of Ordinances (2018 Edition), City of Round Rock, Texas, is
14 hereby amended as follows:
15 CHAPTER 4. ALCOHOLIC BEVERAGES
16
17 Sec.4-1. -Selling of alcoholic beverages restricted to certain hours.
18 (a) Any person, firm, or corporation authorized to offer for sale alcoholic beverages within the city limits
19 will do so only during the hours authorized under V.T.C.A., Alcoholic Beverage Code ch. 105.
20 (b) Pursuant to V.T.C.A., Alcoholic Beverage Code § 105.03, extended hours for the sale of mixed
21 beverages are adopted, so that the holder of a mixed beverages late hours permit may sell and offer
22 for sale mixed beverages between midnight and 2:00 a.m. on any day.
23 (c) Pursuant to V.T.C.A., Alcoholic Beverage Code § 105.05, extended hours for the sale of beer are
24 adopted, so that the holder of a retail dealer's on-premises late hours license may sell, offer for sale,
25 and deliver beer between midnight and 2:00 a.m. on any day.
26 Sec. 4-2. - Sale of alcoholic beverages within 300 feet of a church, public school, or public hospital
27 prohibited.
28 (a) The measurement of the distance between the place of business where alcoholic beverages are sold
29 and the church or public hospital shall be along the property lines of the street fronts and from front
30 door to front door, and in a direct line across intersections.
31 (b) The measurement of the distance between the place of business where alcoholic beverages are sold
32 and the public school shall be:
33 (1) in a direct line from the property line of the public school to the property line of the place of
34 business, and in a direct line across intersections; or
35 (2) if the permit of license holder is located on or above the fifth story of a multistory building, in a
36 direct line from the property line of the public or private school to the property line of the place of
37 business, in a direct line across intersections, and vertically up the building at the property line to
38 the base of the floor on which the permit or license holder is located.
0112.20242,48824609-0219
1 (c) Except as provided in subsection (d) of this section, the sale of alcoholic beverages within 300 feet of
2 a church, public school, or public hospital as determined by measurements prescribed in this section
3 is prohibited.
4 (d) Where the church, public school, or public hospital is located within a commercial zoning district, no
5 separation from places of business where alcoholic beverages are sold shall be required.
6 Sec.4-3.-Variances.
7 The city council may allow variances to the provisions of section 4-2 if the council determines that
8 enforcement of that section is not in the best interest of the public, constitutes waste or inefficient use of
9 the land or other resources, creates an undue hardship on an applicant for a license or permit, does not
10 serve its intended purpose, is not effective or necessary, or for any other reason the city council, after
11 consideration of the health, safety and welfare of the public and the equities of the situation, determines is
12 in the best interest of the community.
13 Sec.4-4.- Unlawful to drink or possess intoxicating liquors within certain areas.
14 (a) Ball fields. It shall be unlawful for any person, firm or corporation to carry, possess, or drink any
15 alcoholic or intoxicating beverage in any city-owned or -operated baseball or softball field while a
16 person or persons of non-drinking age are participating in organized league play.
17 (b) Swimming pool areas. Except as provided herein, it shall be unlawful for any person, firm, or
18 corporation to carry, possess, or drink any alcoholic or intoxicating beverage in any city-owned and -
19 operated swimming pool area. The foregoing prohibition shall not apply to any swimming pool owned
20 by the city, but operated or managed by a third party under contract with the city.
21 (c) Park areas. Permits. It shall be unlawful for any person, firm or corporation to sell any alcoholic or
22 intoxicating beverage in any city-owned or-operated park without first obtaining a permit therefor from
23 the chief of police. The decision of the chief of police to grant or deny any such permit shall be
24 appealable to the city council.
25 II.
26 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
27 expressly repealed.
28 B. The invalidity of any section or provision of this ordinance shall not
29 invalidate other sections or provisions thereof.
30
31
32
33
34
2
1 C. The City Council hereby finds and declares that written notice of the date,
2 hour, place and subject of the meeting at which this Ordinance was adopted was posted
3 and that such meeting was open to the public as required by law at all times during which
4 this Ordinance and the subject matter hereof were discussed, considered and formally
5 acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
6 Code, as amended.
7 Alternative one.
8 By motion duly made, seconded and passed with an affirmative vote of all the
9 Council members present, the requirement for reading this ordinance on two separate
10 days was dispensed with.
11 READ, PASSED, and ADOPTED on first reading this day of
12 , 2024.
13 Alternative 2.
14 READ and APPROVED on first reading this the day of
15 , 2024.
16 READ, APPROVED and ADOPTED on second reading this the day of
17 D( -oke , 2024.
18
19
20 CRA MOR AN, Mayor
21 City f Roun Rock, Texas
22
23 ATTEST:
24
25 a4�W�-��,IKLL
26 AN FRANKLIN, City Clerk
3
1 ORDINANCE NO. 0-2024-275
2
3 AN ORDINANCE AMENDING CHAPTER 4, CODE OF ORDINANCES
4 (2018 EDITION), CITY OF ROUND ROCK, TEXAS, BY REPEALING
5 PERMIT FEES AND/OR LICENSE FEES AND AMENDING CERTAIN
6 MEASUREMENT REQUIREMENTS REGARDING THE SALE OF
7 ALCOHOLIC BEVERAGES AND PROVIDING FOR A SAVINGS CLAUSE
8 AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
11 TEXAS:
12 I.
13 That Chapter 4, Code of Ordinances (2018 Edition), City of Round Rock, Texas, is
14 hereby amended as follows:
15 CHAPTER 4. ALCOHOLIC BEVERAGES
16 SJeeiTY. - Permit -.Ad. G.lieense fee . mea
17 (a) The Gity 6hail levy and- o_,eller.t ene-half of the rotate fee for. ean_h peFFnit i6sued URder the
18
19
20
21 limits of the G*.
22 Sec. 4-21. -Selling of alcoholic beverages restricted to certain hours.
23 (a) Any person, firm, or corporation authorized to offer for sale alcoholic beverages within the city limits
24 will do so only during the hours authorized under V.T.C.A., Alcoholic Beverage Code ch. 105.
25 (b) Pursuant to V.T.C.A., Alcoholic Beverage Code § 105.03, extended hours for the sale of mixed
26 beverages are adopted, so that the holder of a mixed beverages late hours permit may sell and offer
27 for sale mixed beverages between midnight and 2:00 a.m. on any day.
28 (c) Pursuant to V.T.C.A., Alcoholic Beverage Code § 105.05, extended hours for the sale of beer are
29 adopted, so that the holder of a retail dealer's on-premises late hours license may sell, offer for sale,
30 and deliver beer between midnight and 2:00 a.m. on any day.
31 Sec. 4-32. - Sale of alcoholic beverages within 300 feet of a church, public school, or public hospital
32 prohibited.
33 (a) The measurement of the distance between the place of business where alcoholic beverages are sold
34 and the church or public hospital shall be along the property lines of the street fronts and from front
35 door to front door, and in a direct line across intersections.
36 (b) The measurement of the distance between the place of business where alcoholic beverages are sold
37 and the public school shall be:
38
39
0112.20242;4882-4609-0219
1 (1) in a direct line from the property line of the public school to the property line of the place of
2 business, and in a direct line across intersections; or
3 (2) if the permit of license holder is located on or above the fifth story of a multistory building, in a
4 direct line from the property line of the public or private school to the property line of the place of
5 business, in a direct line across intersections, and vertically up the building at the property line to
6 the base of the floor on which the permit or license holder is located.
7 (G) Fer any permit or 14 - - . g a pFemiseG%A.91h.9_.FR_ .M..iAG_.F6 aFe PFahibited from entering the premises
8
9I.- 6_11-G. 611— F;treet fronts and frern front deGr
10 G.
11 (dc) Except as provided in subsection (edu of this section, the sale of alcoholic beverages within 300 feet
12 of a church, public school,or public hospital as determined by measurements prescribed in this section
13 is prohibited.
14 (ed) Where the church, public school, or public hospital is located within a commercial zoning district, no
15 separation from places of business where alcoholic beverages are sold shall be required.
16 Sec.4-43. -Variances.
17 The city council may allow variances to the provisions of section 4-32 if the council determines that
18 enforcement of that section is not in the best interest of the public, constitutes waste or inefficient use of
19 the land or other resources, creates an undue hardship on an applicant for a license or permit, does not
20 serve its intended purpose, is not effective or necessary, or for any other reason the city council, after
21 consideration of the health, safety and welfare of the public and the equities of the situation, determines is
22 in the best interest of the community.
23 Sec.4-154. - Unlawful to drink or possess intoxicating liquors within certain areas.
24 (a) Ball fields. It shall be unlawful for any person, firm or corporation to carry, possess, or drink any
25 alcoholic or intoxicating beverage in any city-owned or -operated baseball or softball field while a
26 person or persons of non-drinking age are participating in organized league play.
27 (b) Swimming pool areas. Except as provided herein, it shall be unlawful for any person, firm, or
28 corporation to carry, possess, or drink any alcoholic or intoxicating beverage in any city-owned and -
29 operated swimming pool area. The foregoing prohibition shall not apply to any swimming pool owned
30 by the city, but operated or managed by a third party under contract with the city.
31 (c) Park areas. Permits. It shall be unlawful for any person, firm or corporation to sell any alcoholic or
32 intoxicating beverage in any city-owned or-operated park without first obtaining a permit therefor from
33 the chief of police. The decision of the chief of police to grant or deny any such permit shall be
34 appealable to the city council.
35 II.
36 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
37 expressly repealed.
38 B. The invalidity of any section or provision of this ordinance shall not
39 invalidate other sections or provisions thereof.
2
1 C. The City Council hereby finds and declares that written notice of the date, hour,
2 place and subject of the meeting at which this Ordinance was adopted was posted and
3 that such meeting was open to the public as required by law at all times during which this
4 Ordinance and the subject matter hereof were discussed, considered and formally acted
5 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code,
6 as amended.
7 Alternative one.
8 By motion duly made, seconded and passed with an affirmative vote of all the
9 Council members present, the requirement for reading this ordinance on two separate
10 days was dispensed with.
11 READ, PASSED, and ADOPTED on first reading this day of
12 , 2024.
13 Alternative 2.
14 READ and APPROVED on first reading this the day of
15 , 2024.
16 READ, APPROVED and ADOPTED on second reading this the day of
17 2024.
18
19
20 CRAIG MORGAN, Mayor
21 City of Round Rock, Texas
22
23 ATTEST.-
24
TTEST:24
25
26 ANN FRANKLIN, City Clerk
3