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<br />I <br /> <br />I <br /> <br />I <br /> <br />118 <br /> <br />ORDINANCE NO. 1978-51 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, AMENDING THAT <br />ORDINANCE OF JUNE 9, 1970, ENTITLED "ALCOHOLIC <br />BEVERAGES", CODIFIED AS SECTION 2~-1 <br />OF CHAPTER 2~ OF THE CODE OF ORDINANCES <br />OF THE CITY OF SAN MARCOS; PROVIDING <br />FOR A NEW COMPREHENSIVE LOCAL PUBLIC <br />POLICY REGARDING THE POSSESSION, SALE, <br />AND CONSUMPTION OF ALCOHOLIC BEVERAGES; <br />ESTABLISHING A MORE EFFECTIVE ENFORCEMENT <br />RELATIONSHIP BETWEEN THE CITY OF SAN <br />MARCOS AND THE TEXAS ALCOHOLIC BEVERAGE <br />COMMISSION AND ITS LOCAL ADMINISTRATOR; <br />PROVIDING FOR THE COLLECTION OF FEES; <br />ESTABLISHING PROCEDURES AND CRITERIA <br />FOR THE ISSUANCE OF "CONDITIONAL USE <br />PERMITS" TO PROPERTY OWNERS FOR ESTABLISH- <br />MENTS LOCATED IN THE CITY OF SAN MARCOS <br />WHICH DISPENSE LIQUOR, WINE, OR BEER FOR <br />ON-PREMISE CONSUMPTION UNDER PERMIT BY <br />THE STATE OF TEXAS; PROVIDING PROCEDURES <br />FOR THE SUSPENSION AND REVOCATION OF <br />"CONDITIONAL USE PERMITS"; PROVIDING <br />FOR THE EQUITABLE APPLICATION OF NEW <br />POLICIES ESTABLISHED HEREIN AND FOR THE <br />EXTINCTION OF OUTDATED POLICIES; PROVIDING <br />FOR THE SUPERCISION OF ALL ORDINANCES <br />IN CONFLICT WITH THIS ORDINANCE; PROVIDING <br />FOR INTERIM ADMINISTRATION OF THIS ORDINANCE <br />AND A MORATORIUM ON THE PROCESSING OF <br />APPLICATIONS FOR PERMITS ALLOWING THE <br />DISPENSING OF ALCOHOLIC BEVERAGES FOR <br />ON-PREMISE CONSUMPTION; PROVIDING FOR <br />THE ORDERLY AND EFFICIENT AMENDMENT OF <br />ORDINANCES IN CONFLICT HEREWITH; PROVIDING <br />FOR A PENALTY CLAUSE; PROVIDING FOR A <br />SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; <br />AND ESTABLISHING THE EFFECTIVE DATE TO BE <br />IMMEDIATELY FROM AND AFTER PASSAGE OF THIS <br />ORDINANCE. <br /> <br />WHEREAS, the consumption of alcoholic beverages is a <br /> <br />unique activity of man involving the voluntary impairment of <br /> <br />human physical and mental capacities; and, <br /> <br />WHEREAS, the State has recognized that the public abuse <br /> <br />of such activity is potentially dangerous to the general <br />welfare, health, peace, morals, safety of the people, and <br />public sense of decency; and, <br />WHEREAS, the State has acted to regulate such activity <br />through the enactment of an alcoholic beverage code and <br /> <br />penal statutes, declaring such activities as public intoxication <br />and driving while intoxicated to be criminal acts; and, <br />