The storage, sale, possession or serving of any alcoholic beverages,
when permitted by the laws of the state, shall be regulated and governed
as provided herein.
(Ordinance 2003-04-090, exh. A,
sec. 4.1, adopted 5/13/03)
This article shall not apply when the storage or serving of
alcoholic beverages is strictly for consumption of the owners or occupants
of the premises and their guests at no charge.
(Ordinance 2003-04-090, exh. A,
sec. 4.2, adopted 5/13/03)
(a)
The
storage, possession, sale or serving of alcoholic beverages by anyone
for the consumption, either on or off the premises, shall be illegal
unless on property zoned specifically for that purpose as a special
exception in accordance with the zoning ordinance. For the purpose
of this article and the city's zoning ordinance, the phrase "off the
premises" shall mean "storing, selling or possessing beer, wine and
liquor, as those beverages are described and defined in the Texas
Alcoholic Beverage Code irrespective as to whether the subject property
was zoned for beer only, or beer and wine only."
(b)
No
person or entity shall engage in the business of storing, selling,
possessing or serving any alcoholic beverage in the city unless the
place of business of such person is located in the zoning district
of the city providing for the storing, selling, possessing or serving
of such alcoholic beverages.
(Ordinance 2003-04-090, exh. A,
secs. 4.3, 4.4, adopted 5/13/03)
(a)
No
individual or entity shall sell or serve alcoholic beverages for on-premises
or off-premises consumption as holder of a mixed beverage permit separately
or holder of a mixed beverage permit and a brew pub permit, except
in a restaurant, cafe, cafeteria or eating establishment or on the
premises of an individual or entity whose principal business is transporting
of the general public and is operating pursuant to a certificate of
public convenience and necessity issued by a federal or state regulatory
body. "Restaurant, cafe, cafeteria or eating establishment" is herein
defined as a business whose gross sales from food on an annual basis
represent at least sixty percent (60%) of its total sales.
(Ordinance 2003-04-090, exh. A,
sec. 4.5, adopted 5/13/03; Ordinance
adopting Code)
(a)
Any
person applying for a permit or license issued by the authority of
the Texas Liquor Control Act, or a renewal of such permit or license,
or to change the location of the place of business designated in such
permit or license, shall deliver to the city secretary for filing,
one copy of the appropriate forms prescribed by the state alcoholic
beverage commission together with a scale drawing showing the proposed
location in relation to streets, property lines, and the nearest churches,
public schools or public hospitals. Such party shall also provide
his name, current address, and addresses for the previous ten (10)
years and a written statement as to the type and character of the
proposed business. Said statement shall contain an affidavit that
the information is true and correct.
(b)
The
city secretary shall forward such information and statement to the
city official charged with the primary responsibility of enforcing
the zoning laws of the city. The zoning official shall determine the
use district in which the business is located, the type and character
of the proposed business, the distance to the nearest churches, public
schools and public hospitals and any deficiencies in the proposed
use of the building. The zoning official shall then forward his findings
back to the city secretary.
(c)
If
the applicant meets all the requirements of the zoning ordinance,
this article, and all other applicable city ordinances, the city secretary
shall certify on the application from the alcoholic beverage commission
that the storage, sale, possession or serving of alcoholic beverages
is not prohibited at the location of the applicant's place of business.
(d)
In addition to the penal sanctions contained in this code, any party or entity that violates any section, subsection or provision of this article shall be subject to having their certificate of occupancy cancelled by the city upon receipt of written notice from the city specifying the violation. The notice requirement from the city shall be satisfied by placing said notice in the United States mail addressed to the last address provided the city by the entity or party that holds a certificate of occupancy. The notice from the city shall state that the certificate of occupancy shall be cancelled unless the party or entity corrects the violation within thirty (30) days of receipt of the notice except as hereinafter set out. However, a party or entity that submits an annual report pursuant to section 5.02.004 that does not satisfy the sixty (60) percent requirement relating to food sales shall have the alternative of filing monthly reports for a period of six months. The monthly reports shall contain the same information and be in the same form as the annual reports, except that said monthly reports shall reflect an accumulation of total sales for the preceding twelve (12) month period reflected in the annual report added to the monthly sales. The party or entity submitting the monthly reports shall be deemed to have satisfied the section 5.02.004 requirements if the monthly reports on or before the final sixth (6th) month reports filing show total sales from food to be at least sixty percent (60%) of total sales. Failure to file the monthly reports or failure to satisfy the food sales requirements by the end of the six (6) month period shall result in cancellation of the certificate of occupancy without the necessity of further notice.
(Ordinance 2003-04-090, exh. A,
sec. 4.6, adopted 5/13/03)
(a)
There are hereby levied, pursuant to V.T.C.A., Alcoholic Beverage Code section 11.38, fees for a license or permit issued for the premises located within the city under the Alcoholic Beverage Code as set forth in the fee schedule in appendix A of this code.
(b)
However,
in each case, since the city does not have a large professional staff,
if the actual costs of providing any such permit shall exceed these
estimated amounts, then the applicant or permit holder shall be required
to pay such additional costs upon the presentation of an itemized
billing from the city.
(Ordinance 2003-04-090, exh. A,
sec. 4.7, adopted 5/13/03; Ordinance
adopting Code)
The fees required by this article shall be paid in advance for
one (1) year.
(Ordinance 2003-04-090, exh. A,
sec. 4.8, adopted 5/13/03)
No person or entity shall engage in the business of storing,
selling, possession or serving of alcoholic beverages without first
having paid to the city the fee or fees [levied] by this article.
It shall be the duty of the city attorney to petition the state alcoholic
beverage commission to cancel the permit or license of any party or
entity who shall engage in such business without first having paid
the fees levied by this article.
(Ordinance 2003-04-090, exh. A,
sec. 4.9, adopted 5/13/03)
No refund of a fee paid the city under the terms of this article
shall be made for any reason except when the permittee or licensee
is prevented from continuing in business by reason of the result of
a local option election or an amendment of the zoning regulations
of the city concerning the property on which the place of business
is situated.
(Ordinance 2003-04-090, exh. A,
sec. 4.10, adopted 5/13/03)
No individual or entity shall sell alcoholic beverages for off-premises
consumption as holder of a package store permit, except in an alcohol
package store in the city, [and] unless the place of business of such
permit holder is located in the use district of the city, as established
by zoning regulations of the city, in which an alcoholic package store
or the storing, selling, or possessing of such alcoholic beverages
is permitted.
(Ordinance 2003-04-090, exh. A,
sec. 4.11, adopted 5/13/03)
(a)
It
shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages where the
place of business of any such person is within three hundred (300)
feet of any church, public school, or public hospital.
(b)
Measurement
of the distance between the place of business where alcoholic beverages
are sold and a church or public hospital, public school or any premises
where minors are prohibited from entering the premises under the Alcoholic
Beverage Code shall be made in accordance with applicable state law.
(c)
In
conjunction with the zoning ordinance, the city council may allow
a special permit to this section if it determines that the enforcement
of the regulations in a particular instance is not in the best interests
of the public, constitutes waste or inefficient use of the land or
other resources, creates an undue hardship on the applicant for a
license or permit, does not serve its intended purpose, is not effective
or necessary, or for any other reason the city council determines,
after consideration of the health, safety and welfare of the public
and the equities of the situation, that the special permit is in the
best interest of the community. No special permit may be granted hereunder
except after a public hearing for which notice has been given to owners
of real property within three hundred feet (300') of the location
of said business seeking a special permit, to be measured from building
to building, such notice to be given not less than (10) days before
the date set for hearing, to all such owners who have rendered said
property for county taxes as the ownership appears on the last approved
Wise County tax roll.
(Ordinance 2003-04-090, exh. A,
sec. 4.12, adopted 5/13/03; Ordinance
adopting Code)
