HomeMy WebLinkAboutOrdinance - 2019-O0176 - Amending Chapter 40 Zoning - Alcohol Sales As Permitted In Various Districts - 12/17/2019 First Reading Second Reading
December 3, 2019 December 17, 2019
Item No. 8.8 Item No. 7.8
ORDINANCE NO. 2019-00176
AN ORDINANCE AMENDING CHAPTER 40"ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
ARTICLE 40.03 "DISTRICTS"AND CONDITIONAL USES IN MULTIPLE
ZONING DISTRICTS AND ALCOHOL SALES AS A PERMITTED USE IN
VARIOUS DISTRICTS; AND ARTICLE 40.02 "ADMINISTRATION"REGARDING
SPECIAL EXCEPTIONS BEFORE THE ZONING BOARD OF ADJUSTMENT IN
ORDER TO BRING ORDINANCES INTO COMPLIANCE WITH STATE LAW;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION.
WHEREAS,existing ordinances affected by these amendments are currently
outdated and do not comply with the Texas Alcoholic Beverage Code; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests of the health, safety and welfare of the citizens of the City of Lubbock to make
the following amendments to the Code of Ordinances of the City of Lubbock, Texas in
order to comply with state law; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK;
SECTION 1. THAT Sections 40.03.1154(1), 40.03.1274, 40.03.1394(1),
40.03.1514(1),40.03.1634(1),40.03.1754(1),40.03.1874(1),40.03.1994(1),
40.03.2114(1),40.03.2154(5),40.03.2184(6),40.03.2234(1),40.03.2355(1),
40.03.2484(1),40.03.2604(1),40.03.2724, 40.03.2844(1), and 40.03.2964(1)of the
Code of Ordinances of the City of Lubbock, Texas,are hereby repealed in their entirety.
SECTION 2. THAT Sections 40.03.1153(16),40.03.1393(17),40.03.1753(23),
40.03.2153(24) shall be amended to read as follows:
Drug store. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for on premise and/or off premise consumption as an incidental use.
SECTION 3. THAT Sections 40.03.1153(19), 40.0").1273(4),40.03.1393(22),
40.03.1753(32) shall be amended to read as follows:
Grocery store with not over three thousand (3,000) square feet of total floor area.
In areas allowed by state and Iocal laws, permit the sale of alcoholic beverages for on
premise and/or off premise consumption as an incidental use. (No gasoline pumps
permitted.)
SECTION 4. THAT Section 40.03.1513(20) shall be amended to read as
follows:
Grocery store with over three thousand (3,000) but not over thirty-five thousand
(35,000) square feet of total floor area. In areas allowed by state and local laws, permit
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the sale of alcoholic beverages for on premise and/or off premise consumption as an
incidental use. (No gasoline pumps permitted.)
SECTION 5. THAT Sections 40.03.1633(13), and 40.03.1873(28) shall be
amended to read as follows:
Grocery store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for on premise and/or off premise consumption as an incidental use.
SECTION 6. THAT Section 40.03.2153(30)shall be amended to read as
follows:
Grocery store with not over three thousand (3,000) square feet of total floor area.
In areas allowed by state and local laws, permit the sale of alcoholic beverages for on
premise and/or off premises consumption as an incidental use. (No gasoline sales.)
SECTION 7. THAT Section 40.03.2183(7) shall be amended to read as follows:
Grocery store with not over three thousand (3,000) square feet of total floor area.
In areas allowed by state and local laws,permit the sale of alcoholic beverages for on
premise and/or off premises consumption as an incidental use. (No gasoline sales, no
accessory pass-out windows and/or delivery to customers while still in their motor
vehicles shall be permitted.)
SECTION 8. THAT Section 40.03.2843(47)shall be amended to read as
follows:
(47) Package store.
SECTION 9. THAT Section 40.02.055(b)(18) shall be repealed in its entirety.
SECTION 10. THAT should any paragraph, section, sentence,phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 11. THAT violation of any provision of this Ordinance shall be a
misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code
of Ordinances of the City of Lubbock.
SECTION 12. THAT the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative method
of publication as provided by law.
AND SO IT IS ORDERED.
Passed by the City Council on first reading this 3rd day of December , 2019.
Passed by the City Council on second reading this 17th day of December , 2019.
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�'j �
DANIEL M. POPE, NVAYOR
ATTEST:
ebe a Garza, City Secr tart'
APPROVED AS TO CON'TEN'T':
Stev nge, Co , District 4
Daniel M. Pope Mayor
APPROVED AS TO FORM:
�Al "v�- /
K&lli Leisure, Assistant City Attorney
Ord.Anlelld.Con(l itiOnalU sesAlcollol
10.29.19
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