HomeMy WebLinkAboutOrdinance - 9035-1987 - No Ordinnace In File. Did Not Pass Second Reading - 01/01/1987Note to file:
There was no original ordinance in file. The copy enclosed is from the minutes of the
permanent minutes book of 1987. There is no pennanent ordinance in the pennanent
ordinance book for 1987. At this time I am unable to find that this ordinance ever passed
second reading.
Katherine Egger
8/6/97
~
38 January 22, 1987
ORDINANCE N0.9035
AN ORDINANCE AMENDING ARTICLE II, DIVISION 2, OF CHAPTER 18 OF THE CODE OF ORDINANCES,
CITY OF L~BBOCK, TEXAS, (ENTITLED •ACCESS TO BAR OR COCKTAIL LOUNGE") PROVIDING FOR
AMENDMENTS TO SAID ARTICLE IN ORDER TO PROVIDE FOR A CHANGE OF DEFINITIONS; PROVIDING FOR A CHANGE JN THE AGE LIMIT REQUIRED FOR ACCESS TO A BAR OR COCKTAIL LOUNGE; PROVIDING THAT A NOTICE OF THE AGE LIMIT BE POSTED AT BARS AND COCKTAIL LOUNGES; PROVIDING FOR A PENALTY
AGAINST VIOLATORS OF SAID ORDINANCE; PROVIDING A SAVINGS CLAUSE ANO PROVIDING FOR PUBLICATION.
(26.)
(27.)
The City's current Ordinance concerning access to bar or cocktail 1ounges
by ~1nors has some deftctenctes that need correction, as follows:
(1) Does not complement the current statute concerning the legal drinking age;
(2) Only makes the owner of a licensed premises a culpable party in
the event of a violation; and
(3) Does not define primary business activity that would
demonstrate the difference between bar or cocktail ·lounges and
a restaurant, that also serves a1coholic beverages.
The proposed revisions correct these deficiencies.
In order to conform with the Federal and State Statute, for purposes of
this order. Section 18.36 redefines •inor as any person under the age of
21 years. The definition of 0 bar or cocktail loungesn, has been
broadened to include all types of liquor and beverages that contain a
certain level of alcohol. The definitions of nalcoholtc beverage",
•premises•, and "person•, serve to clarify and support the definition of
a bar or cocktail lounge.
A primary addition to the definition section is that of, "primary
business activity", which ts added to limit the application of this
Ordinance to restaurants who also serve alcoholic beverages, but whose
primary business activity is the distribution of food, not distribution
of liquor for cons~tion. The intent of the Ordinance is not to limit
minor access to restaurants.
To enhance enforcement and compliance efforts, Subsection (c) has been
added to Section 18.38. This subsection requires that a notice be posted
regarding the 21 year old age limit. Subsection (d) added to Section
18.38 makes the minor culpable for violation if he has notice of the age
limit and if the owner does not comply with the law. Subsection (f)
subjects the violating minor (under 17 years of age) to the proper
juvenile authorities, implying prosecution under the Family Code.
Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to
pass on first reading Ordinance '9035; and requested that revisions to
Section 18.36 (a) regarding age of legal guardian and/or spouse be made
before second reading. Motion carried: 7 Yeas; O Nays.
Consider authorizing the purchase of lift station site for Northeast
Sewer Extension Project. and authorizing the Ma,Yor to execute any and all
necessary documents.
The Northeast Sewer Extension Project requires the installation of a
sewage lift station. Staff have contacted the H & H Trailer Sales owners
for the purchase of .3452 acres of property along the Idalou Highway and
its intersection with Wood Avenue and the owners are willing to sell .the
land for $3,000. This is a very reasonable asking price for a small
tract of land. Staff recomMtnded this purchase.
Motton was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker
authorizing the purchase of 11ft station s~te f~r Northeast S~wer
Extension Project as recommended by Staff. ~ot~cn c~rried; 7 Yeas; 0
Nays.
Consider setting a Public Hearing to determine public convenience and
necessity for limousine service.
This item concerns a request from Joel Ackermann to obtain a permit to
operate a limousine service in the City of Lubbock.
Mr. Ackermann proposes to operate. three 1984 limousines lnd do business
un~er t~e name Lubbock Limo Service. Mr. Ackermann proposes to have one
w~1te ~incoln stretch limousine, one metallic blue Cadillac formal 11mousine. and one gray Chrysler formal limousine. Mr. Ackermann
proposes to charge $25 an hour for the limousine service.
The Ci~y Council may review the pr, priety of the rate structure to
determine the reasonableness of the rates at the Public Hearing. If the
Coun~il does not think the rates are reasonable, it can set a Public
Hear1ng to determine the rate structure.