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Editor’s note–Former article 6.03 dealing with similar subject matter was repealed and replaced in its entirety by Ordinance 14-060 adopted 11/12/14. Prior to being replaced this article derived from the following: 1958 Code, secs. 3-1 through 3-17; Ordinance 75-22, sec. 1, adopted 4/1/75; Ordinance 75-49, sec. 1, adopted 7/29/75; Ordinance 77-120, sec. 1, adopted 11/8/77; Ordinance 02-030, sec. 1, adopted 4/23/00; 1978 Code, secs. 3-1 through 3-10; Ordinance 07-013, secs. 1–8, adopted 2/13/07; Ordinance 09-001, sec. 1, adopted 1/13/09.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Applicant.
A person that submits an original or renewal application for a permit. The applicant is the intended person in charge of the establishment.
Chief building official.
The chief building official for the city or the designated representative of the chief building official.
Church.
A building, in possession of a certificate of occupancy, in which persons regularly assemble for purposes of religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
City manager.
The city manager of the City of Beaumont or the designated representative of the city manager.
Establishment.
The intended site for which the permit will be issued.
Fire chief.
The chief of the city fire department or the designated representative of the chief of the fire department.
Permit.
A current, valid permit issued by the city manager pursuant to the terms of this article to an applicant.
Permit holder.
A person how has been issued a permit pursuant to this article.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
Police chief.
The chief of the city police department or the designated representative of the chief of the police department.
Public health director.
The public health director for the public health department for the city or the designated representative of the public health director.
School.
A building, in possession of a certificate of occupancy, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:
(1) 
Public and private schools used for primary or secondary education, in which any regular kindergarten or grades 1 through 12 classes are taught; and
(2) 
Special education facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any grades 1 through 12.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is:
(1) 
Within three hundred (300) feet of a church or public or private school;
(2) 
Within one thousand (1,000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or
(3) 
Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code.
(b) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
The city is hereby designated as an “extended (late) hours area,” and the times permitted for consumption and possession of alcoholic beverages defined by section 105.06 of the Texas Alcoholic Beverage Code, as amended, are hereby adopted and made effective in the city.
(b) 
The hours prescribed by section 105.05 of the Texas Alcoholic Beverage Code, as amended, for the sale of beer are hereby adopted and made effective in the city.
(c) 
The hours prescribed by section 105.03 of the Texas Alcoholic Beverage Code, as amended, for the sale of mixed beverages are hereby adopted and made effective in the city.
(d) 
It shall be unlawful for holders of package store permits as provided in the Texas Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor:
(1) 
Between 9:00 p.m. of any day and 10:00 a.m. of the following day;
(2) 
On Sunday;
(3) 
On New Year’s Day;
(4) 
On July fourth;
(5) 
On Labor Day;
(6) 
On Thanksgiving Day;
(7) 
On Christmas Day;
(8) 
On the following Monday when Christmas Day or New Year’s Day falls on a Sunday.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize the sale, offer to sell, or delivery of any liquor which is illegal or in violation of any ordinance of the city, any section of the Penal Code of this state, or the Constitution of this state.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
It shall be unlawful for any person in charge of an establishment not to maintain and display a valid permit issued by the city.
(b) 
Except as otherwise provided by this section, if it be shown that a person has violated this article, upon conviction, the defendant shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
(c) 
Upon a second conviction of a violation of this article, the defendant shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00).
(d) 
Any violation charged pursuant to this section shall be independent of, and may be in addition, to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit granted under this article.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
In addition to the fines and penalties provided in this article, if it appears that a person has violated or is violating or is threatening to violate any provision of this article, the city attorney may institute a civil suit in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat of violation.
(b) 
On application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this article, the court shall grant such injunctive relief as the facts may warrant.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
All law enforcement personnel, inspectors, and other designated city personnel shall carry out the provisions of this article and may issue citations for violations of this article. All law enforcement personnel, inspectors, and other designated city personnel shall strictly enforce and prosecute the provisions of this article, and court officials shall see that this article receives strict interpretation and adjudication in a court of competent jurisdiction.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
It shall be unlawful for any person to do the following in an establishment without first obtaining a permit issued pursuant to this article by the city:
(1) 
Manufacture, distill, brew, sell, possess, import into this state, export from this state, transport, distribute, warehouse, or store any liquor or alcoholic beverage;
(2) 
Solicit or take orders for any liquor or alcoholic beverage; or
(3) 
Bottle, rectify, blend, treat, fortify, mix or process any liquor or alcoholic beverage.
(b) 
A permit issued under this article is non-transferable and non-refundable.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
It shall be unlawful for any person required to obtain a permit hereunder to fail to keep the same displayed in a conspicuous place at or near the principal public entrance in the establishment for which it was issued.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
A permit issued under this article does not vest any property rights in the applicant or permit holder.
(b) 
All permits, excluding mixed beverages and late beverages, shall be valid for a two (2) year period starting from the date of issuance.
(c) 
Permits for mixed beverages and late beverages shall be valid for a three (3) year period and upon renewal shall be valid for a two (2) year period.
(d) 
The application for permit shall be submitted with the prescribed fee as listed in the fee schedule. The application must be completed for each location sought to be permitted. The following information is required in the application:
(1) 
Name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of the proposed establishment, and if incorporated, the name registered with the Secretary of State;
(2) 
Name, address, and telephone number of the person(s) in charge of the establishment to be permitted;
(3) 
Whether a previous permit of the applicant has been revoked within three (3) years of filing of the application; and
(4) 
A statement that all the facts contained in the application are true and correct.
(5) 
Proof of a valid state permit.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
An application for renewal must be submitted thirty (30) days before the expiration date of the existing permit to the city manager on a form provided by the city for such purpose.
(b) 
The renewal application must be submitted with the prescribed fee not to exceed one-half the state fee.
(Ordinance 14-060, sec. 1, adopted 11/12/14; Ordinance 16-019, sec. 1, adopted 3/29/16)
The city manager shall refuse to approve the issuance or renewal of a permit or shall revoke a permit for one or more of the following reasons:
(1) 
A false statement as to a material matter made in an application for a permit or renewal of a permit.
(2) 
Revocation of a permit; pursuant to this article, of the applicant or corporate officer of the applicant within three (3) years preceding the filing of the application.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
If the city manager denies, refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or revokes a permit issued under this article, this action is final unless the applicant or permit holder, within ten (10) days after the receipt of written notice of the action, files a written appeal to the city council by delivering said notice to the city clerk setting forth the specific grounds for the appeal. The city council shall either hear the appeal or select a hearing officer to preside over the appeal hearing. The city council or hearing officer shall within fourteen (14) days of the notice of appeal grant a hearing to consider the action. The city council and hearing officer have the authority to sustain, reverse, or modify the action appealed. The decision of either the city council or hearing officer is final.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
A permit issued under the provisions of this article shall be specific to the establishment site and personal to the permit holder thereof and shall not be transferable or assignable.
(b) 
A separate permit is required for each establishment.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
A replacement permit shall be issued to the original applicant for one lost, destroyed, or mutilated after a written application is submitted with a fee as listed in the fee schedule of this code to the city manager on a form provided by the city for such purpose.
(b) 
A replacement permit shall bear the same expiration date as the one it replaces.
(Ordinance 14-060, sec. 1, adopted 11/12/14; Ordinance 25-008 adopted 2/18/2025)
(a) 
There are hereby prescribed and levied occupation taxes or permit fees upon persons carrying on the business of manufacturing, distributing or dealing in alcoholic beverages, as described in this article, in an amount not to exceed one-half of the taxes or fees levied upon such business by the state.
(b) 
The holder of a state retail dealer’s on-premises late hours license shall pay to the city, before exercising any privilege by virtue of such late hours license, a fee not to exceed one-half of the state fee for such late hours license.
(c) 
All taxes or fees for each place of business shall be paid in advance in compliance with the fee schedules authorized by the Texas Alcoholic Beverage Code.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
The establishment shall conform to all zoning ordinances, building codes, health and sanitization codes and fire prevention codes of the city and comply with all federal, state and local ordinances and regulations relevant to the sale, manufacturing, or distributing of alcoholic beverages.
(b) 
The police chief, the fire chief, the chief building official, and public health director shall have the right to immediate access to enter and inspect all manufacturing, distributing, and retailing establishments in possession of alcoholic beverages.
(c) 
Any person who does not allow immediate access to the establishment for the purpose of inspection commits an offense.
(Ordinance 14-060, sec. 1, adopted 11/12/14)
(a) 
The permit holder shall within fourteen (14) days of the effective date notify the city manager in writing of any changes to information submitted in the application.
(b) 
Failure to notify the city manager of changes may result in the revocation of the establishment’s permit or the denial of the permit renewal.
(c) 
The permit holder shall within fourteen (14) days of the effective date notify the city manager of the establishment’s closure.
(Ordinance 14-060, sec. 1, adopted 11/12/14)