§ VIII. "B-2" Business district use regulations.

(a)

Boundaries. "B-2" business district for the sale of alcoholic beverages, liquor and intoxicating beverages is the zoning district with boundaries further described as follows: Within the corporate limits of the City of Carrizo Springs, Texas, on each side of and within one-half block on each side of the seven (7) streets and highways named and further defined as follows, to-wit:

(1)

On Pena Street from its intersection with United States Highway 83 to its intersection with 16th Street.

(2)

On United States Highway 83 from the corporate limits of the City of Carrizo Springs south to the corporate limits of the City of Carrizo Springs north.

(3)

On Texas Highway 85 from its intersection with United States Highway 83 east to Carrizo Creek. On that part of Texas Highway 85, covered hereby, the sale of alcoholic beverages, liquor and intoxicating beverages is restricted to restaurants and grocery stores.

(4)

On Nopal Street from its intersection with 5th Street east to its intersection with United States Highway 83. On that part of Nopal Street covered hereby, the sale of alcoholic beverages, liquor and intoxicating beverages is restricted to restaurants and grocery stores.

(5)

On Thompson Street from its intersection with 9th Street to its intersection with United States Highway 83. On that part of Thompson Street covered hereby, the sale of alcoholic beverages, liquor and intoxicating beverages is restricted to restaurants and grocery stores.

(6)

On 9th Street from its intersection with Eaton Street to its intersection with Thompson Street. On that part of 9th Street covered hereby, the sale of alcoholic beverages, liquor and intoxicating beverages is restricted to restaurants and grocery stores.

(7)

On 5th Street from its intersection with Pena Street to its intersection with English Street. On that part of 5th Street covered hereby the sale of alcoholic beverages, liquor and intoxicating beverages is restricted to restaurants and grocery stores.

(8)

On South of 5th Street past the intersection of Pena Street and 5th Street to the intersection of Hospital Drive. On that part of 5th Street covered hereby the sale of alcoholic beverages, liquor and intoxicating beverages is restricted to off-premises sales only.

(b)

Permitted uses. The sale of alcoholic beverages, liquor and intoxicating beverages is hereby permitted within the said "B-2" business district as herein defined under the terms of the Texas Liquor Control Act as amended. The sale of alcoholic beverages, liquor and intoxicating beverages is hereby restricted to the said "B-2" business district, and the sale of alcoholic beverages, liquor and intoxicating beverages in any other district or zone in the City of Carrizo Springs, Texas, is prohibited.

(c)

Proximity to churches, schools, hospitals. The sale of alcoholic beverages, liquor and intoxicating beverages is hereby prohibited within the corporate limits of the City of Carrizo Springs, Texas, where the place of business or of such sale is within three hundred (300) feet of any church, public school or public hospital, the measurements to be along the property lines of the street fronts and from front door to front door and in direct line across intersections where they occur.

(d)

Exemptions. Any business engaged in the sale of alcoholic beverages that shall be in noncompliance due to the passage of this ordinance shall be exempt until such time that the present owner either sells or transfers the business. The new owners must then request a special permit from the planning and zoning commission.

(e)

Application.

(A)

Any applicant for a permit under the requirements of this section shall file with the City Clerk's Office of Carrizo Springs, Texas, an application for such permit. The processing of the application shall follow the administrative procedures for amendment to the zoning map.

(B)

Each application for a permit shall be submitted on a form, as approved by the City Clerk, and contain at a minimum the following information:

1.

Name, address, and telephone number of the property owner.

2.

If the property is owned by a business entity, a copy of Articles of Incorporation or other documentation of that legal entity.

3.

Name, address, and telephone number of the business owner (if different from property owner).

4.

Affidavit authorizing representation if the property owner will be represented by the business owner (i.e., Leasee) or other person.

5.

A complete Copy of Recorded Deed showing the ownership of the property.

6.

Provide Tax Certificates showing taxes have been paid and are current.

7.

Site plan of the subject property showing existing and proposed features including but not limited to buildings, roads, alleys, utilities, landscaping, fencing, sidewalks, access and egress, parking and any other features which are relevant to adequately analyze the site for the intended use.

(g)

Restaurants serving alcohol in residential/office district and community business district.

(A)

No restaurant serving alcohol may operate in Residential/Office, Limited District or Community Business District without a Permit granted by the City Council of the City of Carrizo Springs. A restaurant which is already located and operating in one of these Zones who wishes to serve alcohol service is required to apply for a permit.

(B)

The City Council may grant the Permit for a restaurant serving alcohol in Residential/Office District, Limited Commercial District and Community Business District under the following conditions:

1.

Establishments serving alcohol shall not be located within three hundred (300) feet of any church, public school, public park, residential structure or residential district. The measurement is to be made from the front door of the establishment serving alcohol to the nearest property line (by shortest route) to the front door of the church, public school, entrance to the public park, front door of the residential structure or district boundary in the direct line across intersections wherever they occur and consistent with the measurement methodology as has been adopted by the Texas Alcoholic Beverage Commission.

2.

Establishments located within the Residential/Office District shall not exceed 3,000 sq. ft. in floor area.

3.

Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.

4.

Off-street parking shall be provided in accordance with the City of Carrizo Springs Code.

5.

At all times the restaurant is open to the public for business, it shall continually maintain and serve food from its full service menu.

6.

The restaurant shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy with Occupant Load.

7.

The restaurant shall during all hours of operation, maintain, free from obstruction or impediment to full instant use in case of fire or any other emergency, all exit accesses exit or exit discharges.

8.

The restaurant shall undergo an annual Fire Inspection.

9.

All permits, licenses, certifications and inspections required by the Codes and Ordinances of the City of Carrizo Springs shall be kept up to date and current including but not limited to:

a.

Food Manager License (annual).

b.

Food Handler's Permit (annual).

c.

Certificate of Occupant Load, Occupant Load being approved capacity of a building or portion thereof.

10.

The Special Use Permit shall be issued to the restaurant owner/operator and only be transferred upon application to and with the express permission of the City Council.

11.

Additional conditions may be imposed by City Council as deemed necessary for the safety and general welfare of the public.

(h)

Definitions.

Bar shall mean an establishment whose primary business is the serving of alcoholic beverages for public consumption on the premises whether or not entertainment, dancing or food items are also provided. For purposes of this definition, primary business means the establishment derives in excess of fifty percent (50%) of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code (as amended) for on-premises consumption. This definition does not include bona fide restaurants, hotels, motels, or sports related facilities such as golf courses, bowling alleys or sport arenas, or the serving of alcoholic beverages at publicly or privately sponsored events such as weddings, public celebrations, quinceaneras or the like.

Restaurant shall mean any establishment which has its primary purpose the serving of food to its customers from a kitchen that is separated from the main dining area and the prepared food is for on-premises sales and consumption, the establishment maintains a full service menu with a variety of entrees (eight or more), maintains adequate kitchen facilities (i.e., contains a stove and oven in working order, refrigerator storage with food inventory and contains necessary equipment for food preparation) and where alcoholic beverages may be sold as incidental activity to the sale of food. Establishments which serve prepared food but derive more than fifty [percent] (50%) of their quarterly gross revenue from the sale of alcoholic beverages are deemed to be a bar. Customers may be served at tables, at a drive-through window, or in their cars.

(Ord. No. 455, 4-14-1987; Ord. No. 530, 10-13-1992; Ord. No. 723, §§ 1—3, 4-9-2013)

State law reference

Districts, Texas Local Government Code § 211.005.