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HomeMy WebLinkAboutResolution - 1475 - Police & City Attorney To Pursue All Action Regarding Alleged Violations Of TABC - 09/08/1983See JCR:da RESOLUTION RESOLUTION 1475 - 9/8/83 A RESOLUTION INSTRUCTING THE CHIEF OF POLICE AND THE CITY ATTORNEY OF THE CITY OF LUBBOCK TO PURSUE ALL NECESSARY ACTION REQUIRED TO OPPOSE, REVOKE OR SUSPEND LICENSES ISSUED BY THE TEXAS ALCOHOLIC BEVERAGE COMMIS- SION IN CASES WERE A PARTICULAR LICENSEE HAS OPERATED BUSINESS OR ESTAB- LISHMENT IN SUCH A MANNER AS TO BE IN VIOLATION OF THE TEXAS ALCOHOLIC BEVERAGE CODE, ORDINANCES OF THE CITY OF LUBBOCK, OR ANY OTHER APPLICABLE STATE LAW, RULE OR REGULATION PROMULGATED THEREUNDER. WHEREAS it has come to the attention of the City Council of the City of Lubbock that certain business establishments licensed by the Texas Alcoholic Beverage Commission and operating within the City of Lubbock have required a high degree of police response to quell public disturbances and other acts of violence which have taken place on or about the premises of such establishment; and WHEREAS it has further been brought to the attention of the City Council of the City of Lubbock that certain business establishments licensed by the Texas Alcoholic Beverage Commission have failed to comply with the ordinances of the City of 'Lubbock; and WHEREAS the City Council of the City of Lubbock deems it in the best interest and the general welfare of the citizens of the City of Lubbock to see that all businesses licensed by the Texas Alcoholic Beverage Commission and operating within the city limits of the City of Lubbock comply with all provisions of the Texas Alcoholic Beverage Code and all other requirements of ordinances of the City of Lubbock and any other applicable laws or regulations; and WHEREAS those business establishments licensed by the Texas Alcoholic Beverage Commission who did not comply with the Texas Alcoholic Beverage Code or the ordinances of the City of Lubbock and other applicable rules and regulations provided by law pose a threat to the health, safety and welfare of the citizens of the City of Lubbock; and WHEREAS the City Council of the City of Lubbock deems it essential to the peace, public order and safety of the citizens of the City of Lubbock that affirmative steps be taken to eliminate all potential hazards to the citizens of this City caused by the operation aforementioned establish- ments; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Chief of Police and the City Attorney take all necessary and appropriate action as authorized by the Texas Alcoholic Beverage Code to oppose, revoke or suspend the license held by any estab- lishment within the City of Lubbock when such establishment is being operated in any one of the following ways: A. The operation of the business establishment poses a threat to the health, safety and welfare of the citizens of the City of Lubbock, the members of the general public who patronized said establishment or to the members of the general public who reside in and around the immediate vicinity of said establishment, or B. Operate said establishment in such a way as to be in violation of any provision of the Texas Alcoholic Beverage Code or any other rules or regulations of the Texas Alcoholic Beverage Commission, or C. Operate said establishment in such a way as to be in violation of any ordinance of the City of Lubbock, or D. Operate said establishment in violation of any other applicable state law, rule or regulation promulgated thereunder, or E. In a manner so as to constitute a nuisance that is dangerous to human life or health, or that is offensive to the senses or that it tends to become detrimental to the public health. SECTION 2. THE Chief of Police shall maintain statistical records on all police activity generated by establishments licensed by the Texas Alcoholic Beverage Commission within the City of Lubbock and shall assign appropriate personnel to maintain said records in such a manner that were necessary said records will form a basis of complaint or protest or recommendation to the Texas Alcoholic Beverage Commission in all cases where it is deemed appropriate to oppose, revoke or suspend any license applied for or held by a business establishment required to be licensed by the Texas Alcoholic Beverage Code. SECTION 3. THE Chief of Police and the City Attorney shall coordinate their activities in all cases where opposition to, suspension of or revocation of the license applied for or currently held by the business establishment required to be licensed by the Texas Alcoholic Beverage Code is operated in such a manner as to be inconsistent with the provisions of this Resolution. SECTION 4. THAT the City Attorney in corporation with the Chief of Police shall institute appropriate proceedings as authorized by the Texas Alcoholic Beverage Code to oppose, revoke or suspend any license applied for or currently held by a business establishment required to be licensed by the Texas Alcoholic Beverage Code in all cases where said establishment is being operated in such a manner as to be inconsistent with the provi- sions of this Resolution. SECTION 5. THAT any city officer or employee of the City of Lubbock who has the duty to enforce any ordinance of the City of Lubbock that may be applicable to a business establishment required to be licensed by the Texas Alcoholic Beverage Code shall notify the Chief of Police and the City Attorney in all cases where violations of said appropriate ordinances are found. SECTION 6. THAT in all cases where the City Attorney and Chief of Police take action to oppose, revoke or suspend a license applied for or held by an establishment required to be licensed by the Texas Alcoholic Beverage Code that they shall advise the office of the Criminal District Attorney the Sheriff of Lubbock County, Texas of such action taken or contemplated to be taken and shall on appropriate cases request their intervention and assistance in pursuing said matters before the Texas Alcoholic Beverage Commission. Passed by the City Council this 8th ATTEST: 1983. Evelyn G fga, City c t -Treasurer APPROVED AS TO CONTENT: l 'of-Frcillice APPROVED AS TO FORM: C 055 hn C. Ross, Jr., City Attorney