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3. The holder of a restaurant permit must submit to the director: A. A complete written update of all information required under subsection (c )(7)c.2 above each year within 30 days of the annual renewal date of the state T ABC permit for the holder's business, and B. A copy of each report submitted to the T ABC that contains an indication of the portion of revenues of the business that are derived from alcoholic beverage sales, within five days of the submission of the report to the TABC. 4. The holder of a restaurant permit agrees, as a condition of the permit, to allow the director or an authorized representative to enter and inspect the business premises at any time during normal business hours to verify compliance with the requirements for restaurant permits under this section. 5. The number of active restaurant permits in the central business area zoning district shall not exceed 15. If there are 15 active restaurant permits, any further applications for restaurant permits in the district shall be placed on a waiting list and individually referred to the commission for consideration within 45 days, in the same order as submitted, when the number of restaurant permits is less than 15. SECTION 3. Each of the fifteen current valid T ABC specific use permit held by a business in the central business area zoning district on the effective date of this ordinance is converted to an "unrestricted permit" as that term is defined in this ordinance, and will remain in effect, subject to the provisions of City Code Sections 114.577 and 114.578, as they now exist or may be amended hereafter from time to time, including, without limitation, those pertaining to cancellation, revocation or expiration of permits. Each of the first three of these permits that expire or are cancelled or revoked will be retired upon expiration, cancellation or revocation so that the number of unrestricted permits held by businesses in the central business area zoning district is reduced from fifteen to twelve. SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 5. All ordinances and resolution or parts of ordinances or resolutions III conflict with this ordinance are repealed. SECTION 6. Any person violating any provlSlon of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 7. This Ordinance will take effect 10 days after the date of its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City. C:\TEMP\Zoning downtown TABC amdmt 12-11-0I.doc Page 4