Unless the context otherwise requires, the following terms as used in this article shall be construed according to the definitions given below:
Alcoholic beverage.
Any spirits, wine, beer, ales, or other liquid containing more than one-half of one percent of alcohol by volume, which is fit for beverage purposes.
Late hours permit.
Any permit, license or other authorization issued by the state that grants the holder thereof a privilege to sell and offer for sale alcoholic beverages between midnight and 2:00 a.m. on any day.
Public place.
Any place to which the public, or a substantial group of the public, has access and includes, but is not limited to streets, alleys, highways, public parks, in the common areas of schools, hospitals, churches, apartment houses, office buildings, transport facilities and shops.
(Ordinance 80-07-02, sec. 2, adopted 7/15/80; Ordinance 14-11-73, sec. 3, adopted 11/18/14; Ordinance 14-12-76, sec. 2, adopted 12/8/14)
The holder of a late hours permit may sell and offer for sale alcoholic beverages between midnight and 2:00 a.m. on any day, provided that the holder complies with the Texas Alcoholic Beverage Code, as it exists or may be amended.
(Ordinance 14-11-73, sec. 4, adopted 11/18/14; Ordinance 14-12-76, sec. 3, adopted 12/8/14)
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Editor's note-Ordinance 09-07-39, secs. 2-5, adopted July 27, 2009, repealed the former Art. II, secs. 10-19-10-21, and enacted a new Art. II as set out herein. The former Art. II pertained to permits and licenses and derived from Ordinance 05-01-12, secs. 3-5, adopted January 18, 2005 and Ordinance 07-08-37 adopted August 21, 2007.
It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or other alcoholic beverage within the city without first paying the appropriate fee to the city secretary and obtaining a city permit to sell alcoholic beverages at a specific location. The fee shall be equal to one-half of the fee charged by the state, as amended, for the particular license issued by the Texas Alcoholic Beverage Commission ("TABC"), except when said fee is waived according to the provisions of the state alcoholic beverage code. Following payment of the fee and approval of the permit application, as set forth herein, the city secretary shall issue a permit for that location for a period of one year. Such permit fee shall be paid to the city secretary annually.
(Ordinance 09-07-39, sec. 3, adopted 7/27/09)
Prior to issuing a city permit to applicant for the proposed location, the city secretary shall certify whether the location is located in an area that is wet and that the sale of alcoholic beverages at this location is not prohibited by charter and/or ordinance. The city secretary shall keep a record of all permits and certificate[s] issued under this chapter.
(Ordinance 09-07-39, sec. 4, adopted 7/27/09)
All provisions of any ordinance in conflict with this article are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.
(Ordinance 09-07-39, sec. 5, adopted 7/27/09)