[1]
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similar subject matter was repealed and replaced in its entirety by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:
A person that submits an original or renewal application
for a permit. The applicant is the intended person in charge of the
establishment.
The chief building official for the city or the designated
representative of the chief building official.
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.
The city manager of the City of Beaumont or the designated
representative of the city manager.
The intended site for which the permit will be issued.
The chief of the city fire department or the designated representative
of the chief of the fire department.
A current, valid permit issued by the city manager pursuant
to the terms of this article to an applicant.
A person how has been issued a permit pursuant to this article.
A natural person or association of natural persons, trustee,
receiver, partnership, corporation, organization, or the manager,
agent, servant, or employee of any of them.
The chief of the city police department or the designated
representative of the chief of the police department.
The public health director for the public health department
for the city or the designated representative of the public health
director.
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:
Public and private schools used for primary or secondary education,
in which any regular kindergarten or grades 1 through 12 classes are
taught; and
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:
(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 outlined 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 of fifteen dollars ($15.00) 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)
(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)
