The term “gross receipts,” as that term is used in this article, shall mean receipts from all retail sales from all business conducted on the premises, and shall be deemed to include the sales price received of goods, including gasoline, sold on consignment without deduction for any amount due the consignor.
(1999 Code, sec. 4.301)
Any person violating any of the provisions of section 5.03.003, 5.03.004, 5.03.005, 5.03.006, 5.03.007, 5.03.008, 5.03.009, 5.03.041, 5.03.044, 5.03.047, or 5.03.049 as set forth herein shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined in accordance with the general penalty provision found in section 1.01.009 of this code. The town attorney is authorized to bring civil proceedings to enjoin the operation of any premises not in compliance with the provisions of this article.
(1999 Code, sec. 4.321)
No person shall sell or engage in the business of selling any alcoholic beverage where the place of business of such person is situated or located within three hundred (300) feet of any church or public hospital, or within one thousand (1000) feet of any public school. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along property lines of the street fronts and from front door to front door, and in a direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections.
(1999 Code, sec. 4.312)
No person shall engage in the business of manufacturing, distributing or selling any alcoholic beverage in the town unless the place of business of such person is located in the use district of the town, as established by present and future zoning regulations of the town, in which the manufacture, distribution or sale of such alcoholic beverage is permitted.
(1999 Code, sec. 4.313)
The hours of sales of alcoholic beverages in the town shall comply with state law provisions regarding the hours of sale of alcoholic beverages. The holder of a mixed beverage late hours permit, issued pursuant to the Texas Alcoholic Beverage Code, may sell mixed beverages on Sunday between the hours of 1:00 a.m. and 2:00 a.m. and on any other day between the hours of 12 midnight and 2 a.m. if the premises covered by the permit are in an area where the sale of mixed beverages during those hours is authorized by the Texas Alcoholic Beverage Code.
(1999 Code, sec. 4.314)
No person shall sell, store or otherwise handle for the purpose of sale, or engage in the business of selling, storing or otherwise handling for sale, any alcoholic beverage in the town except in a location where such activity is either incidental and secondary to use of the same premises for hotel or motel purposes, or where incidental and secondary to the sale of food for human consumption, which shall be construed to mean that gross receipts from food sales shall be greater than gross receipts from alcoholic beverage sales.
(1999 Code, sec. 4.316)
Notwithstanding the provisions of section 5.03.007, any persons licensed by the state to sell alcoholic beverages at a location outside the town on the effective date of this article may continue such sales at such location after annexation without meeting the fifty percent (50%) food sales requirement; provided, however, such exception shall apply only to the licensee at the time of annexation and only so long as the premises are neither enlarged nor expanded beyond the terms of the state license then held.
(1999 Code, sec. 4.317)
All establishments engaging in the sale of alcoholic beverages within the town on the effective date of this article, including private clubs, shall submit to the town secretary sworn copies of all state sales tax returns and state alcoholic beverage returns filed by said establishment, together with a form authorizing the town to verify the returns with appropriate state agencies. The applicant shall also supply receipts from suppliers upon request of the town secretary. Licensees under this article shall supply such copies with applications for renewal. Private clubs shall supply such copies on or before January 15th of each year hereafter. Such records shall cover the most recent calendar year or all operations since the effective date of this article, whichever is less.
(1999 Code, sec. 4.318)
No license shall be renewed for any location where the records required by section 5.03.009 indicate that gross receipts from sales of food constitute less than fifty (50) percent of gross receipts from sales of other items including alcoholic beverages, gasoline and other non-food-related items. No new license shall be granted for alcoholic beverage sales at such location for a period of six (6) months, and then only on the condition that the licensee submit monthly returns showing compliance with this article.
(1999 Code, sec. 4.319)
Sections 5.03.002, 5.03.003, 5.03.004, 5.03.005, 5.03.006, 5.03.007, 5.03.008, 5.03.009, 5.03.041, and 5.03.043 and this section are the only sections of this article which shall apply to private clubs, and this article shall not apply to private clubs incidental to a hotel or motel, as defined in the unified development code, nor to private clubs licensed by the state which are owned and operated by nonprofit service organizations such as Veterans of Foreign Wars and the American Legion.
(1999 Code, sec. 4.320; Ordinance adopting Code)
Any person applying for a permit or license issued by authority of the Texas Alcoholic Beverage Code, 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 town secretary, for filing, one copy of the appropriate forms prescribed by the alcoholic beverage commission together with scale drawings showing the proposed location of the applicant’s business in relation to streets, property lines, and the nearest church, public school or public hospital. Such person shall also provide a statement of his name, current address, addresses for the previous ten (10) years, age, all other town permits or licenses held and the names and addresses of all persons with an interest in such business, which statement shall include an affidavit that the information given is true and correct. The applicant shall give permission for his fingerprints, height, weight, coloring, and other description to be obtained by the police department.
(1999 Code, sec. 4.302)
The town secretary shall direct the applicant to deliver such information to the chief of police, who shall cause an investigation to be made as to the applicant’s reputation as well as those of his business associates and also as to the applicant’s criminal record, if any. On completion, the chief of police shall forward such application and information together with his investigative findings to the official with primary responsibility for enforcing the zoning laws, who shall determine the use district in which such business is located, the distance to the nearest church, public school and public hospital and any deficiencies in the building proposed or planned for use. The official shall forward his findings, together with all material received from the police chief, to the town attorney.
(1999 Code, sec. 4.303)
The town attorney shall, upon receiving the information above, determine whether the applicant’s place of business is to be located in a zoning district where such is prohibited and whether the use is prohibited to this applicant by any ordinance or state law at such location. The town attorney shall notify the town secretary of his determination and shall advise the town secretary to certify on the application that the manufacture, distribution or sale of alcoholic beverages as applied for is or is not prohibited at the location of the applicant’s place of business. If from the town attorney’s examination it appears that the applicant is disqualified, or that the applicant’s place of business is inadequate, unsafe, unsanitary or does not comply with all the terms of this article and the Texas Liquor Control Act, or that any lawful reason exists why the permit or license should not be issued, it shall be the duty of the town attorney to file objections to the issuance of the permit or license with the alcoholic beverage commission or with the county judge.
(1999 Code, sec. 4.304)
No permittee or licensee under this article shall engage in the business authorized by his or her permit or license without first having paid to the town the permit or license tax levied by this article. It shall be the duty of the town attorney to petition the state alcoholic beverage commission to cancel the permit or license of any permittee or licensee who shall engage in the business authorized by the permit or license of such person without first having paid the taxes levied by this article.
(1999 Code, sec. 4.305)
There is hereby levied against every holder of a state alcoholic beverage permit for premises located within the corporate limits of the town, a fee of one-half the state fee for each such permit.
(1999 Code, sec. 4.306)
The following are exempt from the fee authorized by section 5.03.045:
(1) 
Agent’s, airline beverage, industrial carrier’s, private carrier’s, private club registration, local cartage, storage and temporary wine and beer retailer’s permits;
(2) 
A wine and beer retailer’s permit issued for a dining, buffet or club car; and
(3) 
A mixed beverage permit during a three-year period following the initial issuance of the permit.
(1999 Code, sec. 4.307)
The occupation taxes required for licenses and permits as required by this article shall be paid in advance for one (1) year. A separate license as required by this article shall be obtained for every place of business where the business of alcoholic beverage manufacture, distribution or sale is conducted, and occupation taxes for each such license shall be paid.
(1999 Code, sec. 4.308)
Upon approval by the town attorney and payment of occupation taxes, the town secretary shall issue a license in the name of the town, which shall acknowledge receipt of such amount and shall contain the number, name and expiration date of the state permit or license, the name of the permittee or licensee, the trade name of such permittee or licensee, the address of the business and the date of issuance.
(1999 Code, sec. 4.309)
The license issued by the town secretary shall be displayed at all times in a conspicuous place within the licensed place of business.
(1999 Code, sec. 4.310)
No refund of an occupation tax paid to the town 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 town concerning the property on which the place of business is situated.
(1999 Code, sec. 4.311)