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SECTION 12. That Section 2 1/2-7 of Ordinance 1979-13, amending Chapter 2 1/2 of the Code of Ordinances of the City of San Marcos, Texas, entitled "Alcoholic Beverages", adopted March 26, 1979, be, and is hereby, repealed. SECTION 13. That a new Section 2 1/2-7 be, and is hereby, substituted for said repealed section, which shall read as follows: I 2 1/2-7. Violations of the provisions of this ordinance or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants or variances or special exceptions shall constitute a misdemeanor. PTIY person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than two hundred dollars ($200). Each day such violation continues shall be considered a separate offense. The owner andlor tenant of any building, structure, premises, or part thereof, andlor any agent or other person who comnits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Written notice of the alleged violations or violation shall be provided to the holder of the Conditional Use Permit and to the owner of the premises, if different fram the holder of the Permit, ten (10) days prior to the filing of a complaint with the !1unicipal Court of San Marcos, Texas. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation, including but not limited to, permit suspension andlor revocation; and injunctive remedies. 2 1/2-7. If any section, part, word, p:hrase, clause, or sentence of any provision of this ordinance is declared unconstitutional or invalid, then, in that event, it is expressly provided and it is the intention of the Governing Body in passing this ordinance, that all other parts of this ordinance shall not be affected thereby and shall remain in full force and effect. SECTION 1'+. That Ordinance 1979-13, amending Chapter 2 1/2 of the Code of Ordinances of the City of San Marcos, Texas, entitled "Alcoholic Beverages", adopted March 26, 1979, be, and is hereby, renumbered to reflect the repeal of Section 2 1/2-4 (H) . SECTION 15. This Ordinance shall beccme effective ten (10) days from and after its passage and publication in a newspaper of general circulation. PASSED AND APPROVED on first reading July 9, 1979 PASSED AND APPROVED on second reading July 23, 1979 PASSED AND APPROVED AND ADOPTED AugU~13' 1.979 Oi/~~ John A. Hansen Mayor ATTEST: ... /'. . ~~ Doriss Hambrick City Secretary APPROVED: ~~~~!k City Attorn~ardS' I I I