ORD 2026-04 Repeal Permit Fee for Sale of Alcoholic Beverages TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2026-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING SUBSECTION (C), "PERMIT REQUIRED AND ANNUAL
PERMIT FEE ESTABLISHED," OF SECTION 14.02.252, "SALE OF
ALCOHOLIC BEVERAGES," OF DIVISION 5, "SUPPLEMENTARY
DISTRICT REGULATIONS," OF ARTICLE 14.02, "ZONING
ORDINANCE," OF CHAPTER 14, "ZONING," OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, BY REPEALING
PROVISIONS RELATED TO LOCAL ALCOHOL PERMITS AND FEES IN
ORDER TO COMPLY WITH STATE LAW; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a home rule
municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, during the 88th Texas Legislature, Regular Session, the legislature
passed Senate Bill 1008, which limits city and public health district authority to charge a
fee for local alcohol beverage permits for food service establishments; and
WHEREAS, effective September 1, 2025, the Town can no longer collect the Local
Texas Alcoholic Beverage Commission (TABC) maximum local fee as established by the
Commission for any food service establishment, retail food store, mobile food unit,
roadside food vendor, or temporary food service establishment that has already paid a
fee to operate to Texas Department of State Health Services (DSHS) or to any county,
city, or public health district; and
WHEREAS, the Town Council now finds it necessary to repeal subsection (c),
"Permit Required and Annual Permit Fee Established," of Section 14.02.252, "Sale of
Alcoholic Beverages," in order to comply with Senate Bill 1008; and
WHEREAS, after public notice was given in compliance with State law and a public
hearing was conducted, and after considering the information submitted at the public
hearing and all other relevant information and materials, the Planning and Zoning
Commission of the Town, on January 8, 2026, recommended to the Town Council to
repeal this Ordinance; and
ORDINANCE NO. 2026-04 PAGE 2
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council on January 12, 2026, at which the Town
Council considered the information submitted at the public hearing and all other relevant
information and materials.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
Subsection (c), "Permit Required and Annual Permit Fee Established," of Section
14.02.252, "Sale of Alcoholic Beverages," of Division 5, "Supplementary District
Regulations," of Article 14.02, "Zoning Ordinance," of Chapter 14, "Zoning," is hereby
repealed in its entirety.
SECTION 3.
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
All rights and remedies of the City are expressly saved as to any and all violations
of the provisions of the Zoning Ordinance, as amended, or any other ordinances relating
to the subject matter herein which have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
ORDINANCE NO. 2026-04 PAGE 3
SECTION 6.
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
SECTION 7.
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
caption and penalty clause of this Ordinance as required by Section 3.16 of Article III of
the Town's Charter.
SECTION 8.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 12th day of Janu
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L & P Jan-6tte Tiffany, r
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ATTEST: k -47
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Tammy Dixon, Town Se etas -
APPROVE AS TO FORM:
Dean Roggi , own Attorney