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<br />I <br /> <br />I <br /> <br />I <br /> <br />56 <br /> <br />ORDINANCE NO, 1979-13 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, AMENDING <br />ORDINANCE 1978-51, ADOPTED NOVEMBER 20, <br />1978 WHICH AMENDED CHAPTER 2 1/2 OF THE <br />CODE OF ORDINANCES OF THE CITY OF <br />SAN MARCOS, ENTITLED "ALCOHOLIC BEVERAGES" <br />BY PROVIDING FOR A NEW COMPREHENSIVE <br />LOCAL PUBLIC POLICY REGARDING THE <br />POSSESSION, SALE, AND CONSUMPTION OF <br />ALCOHOLIC BEVERAGES; BY SPECIFYING <br />EXCEPTIONS TO CITY FEE REQUIREMENTS, THE <br />OFFICE TO WHOM FEE PAYMENTS ARE TO BE <br />MADE, AND CHANGING THE OFFICE WHICH KEEPS <br />THE RECORD OF FEE PAYMENTS; BY CHANGING <br />THE REQUIREMENT PERTAINING TO LOCATION <br />WITHIN THREE HUNDRED (300) FEET OF A <br />RESIDENCE; BY DELETING SETBACK REQUIRE- <br />MENTS; BY CHANGING PARKING SPACE REQUIRE- <br />MENTS AND DIMENSIONS TO PROVIDE FOR OUT- <br />DOOR SERVING AREAS; BY CHANGING PERSON TO <br />WHOM CONDITIONAL USE PERMIT IS ISSUED; BY <br />CHANGING PERSON TO WHOM NOTICE OF VIOLATION <br />IS GIVEN; AND DECLARING AN EFFECTIVE DATE. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ~~RCOS, <br />TEXAS: <br /> <br />PART I. That Section 2 1/2-2 of Ordinance 1978-51, amending <br />Chapter 2 1/2 of the Code of Ordinances of the City of <br />San Marcos, entitled "Alcoholic Beverages", adopted November 20, <br />1978, be, and is hereby, amended to specify exceptions to the <br />requirements of fee payments to the City by persons issued an <br />Alcoholic Beverage Permit by the State for premises located <br />within the City of San Marcos, to specify the office which <br />receives the fee payments and to change the office which keeps <br />the record of fee payments, to-wit: <br /> <br />Section 2 1/2-2. In accordance with the Texas <br />Alcoholic Beverage Code, the City of San Marcos <br />shall collect a fee in the amount of one-half of <br />the State fee charged for each Alcoholic Beverage <br />Permit issued by the State for premises located <br />within the City of San Marcos. The following <br />are exempt from said City fee: <br /> <br />(I) agent's, airline beverage, industrial, <br />carrier's, private carrier's, private <br />club registration, local cartage, <br />storage, temporary wine and beer <br />retailer's, and class B winery permits; <br /> <br />(2) a wine and beer retailer's permit issued <br />for a dining, buffet, or club car; and <br /> <br />(3) a mixed beverage permit during the three- <br />year period following the issuance of the <br />permit. <br /> <br />Fee payments shall be made to the Director of Finance of <br />the City of San Marcos. The Director of Finance shall <br />maintain a record of all such fee payments to the City. <br /> <br />PART Z. That Section 2 1/2-4 E. 1 of Ordinance 1978-51, amending <br />Chapter 2 1/2 of the Code of Ordinances of the City of San Marcos, <br />entitled "Alcoholic Beverages", adopted November ZO, 1978, be, and <br />is hereby, amended to prohibit location of the premises within <br />three hundred (300) feet of a residence located within a "R-1" <br />single-family dwelling district or a "R-2" duplex or two-family <br />dwelling district, to-wit: <br /> <br />/' <br />