This article is hereby adopted and shall be known as the alcoholic beverage ordinance of the city.
(2002 Code, sec. 4.1501)
The provisions of this article apply to any person, firm, corporation, business or entity currently or proposing to sell alcoholic beverages within the city or who owns, possesses, is in custody of or exercises control of property wherein alcoholic beverages are sold within the city.
(2002 Code, sec. 4.1502)
Unless the context otherwise requires, the following terms, as used in this article, shall be construed according to the definitions given below:
Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent of alcohol by volume, which is fit for beverage purposes.
A corporation as defined under section 32.11 of the Texas Alcoholic Beverage Code, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors, which conforms to the definition of a club as provided by the statute.
Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
Any person who is presently impaired, physically, mentally or emotionally, as a result of the presence of alcohol in the person’s body.
An establishment such as a country club which dispenses alcoholic beverages for on-premises consumption, provides regular food service and holds a permit under chapter 32 of the Texas Alcoholic Beverage Code.
Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. Provided further that no restaurant licensed as such shall sell alcoholic liquor except with meals.
The sale for use or consumption and not for resale.
(2002 Code, sec. 4.1503)
(a)
No person, corporation, or association shall sell alcoholic beverages within the city without first having applied for and been granted a valid permit issued by the city to sell alcoholic beverages. Upon the exhibition of a license or permit duly issued by the state to the applicant, the city secretary shall, in the name of the city, issue and deliver to the applicant a permit to engage in the business in the city of the character described in and authorized by the license or permit from the state held by the applicant. The license or permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the license or permit from the state and shall remain in force only so long as the license or permit form the state remains in force.
(b)
An applicant for the permit under this section shall pay a fee at the time of the submission of the application. The fee [shall be] established by resolution of the city council and shall not exceed one-half of the annualized state fee for each permit issued for premises located within the city.
(Ordinance 2010-11-26 adopted 11/8/10)
No private club or retail sale establishment which serves and/or sells alcoholic beverages, whether for on-premises or off-premises consumption, shall be licensed to operate within 300 feet from a church, public or private school, or public hospital. For a church or public hospital, the 300 feet shall be measured along the property lines of the street fronts and from the front door to front door, and in a direct line across intersections. For public or private schools, the measurement of distance shall be in a direct line from the property line of the public or private school to the property line of the private club and in a direct line across intersections. Provided that the limitations of this section shall not apply to a private club which is in operation at the time of the passage of this article.
(Ordinance 2008-08-31 adopted 8/25/08)
(a)
Findings; purpose.
The city council hereby finds that:
(1)
A significant problem exists with persons, particularly minors, who possess and consume alcoholic beverages on privately owned parking lots open to the public.
(2)
Said persons create a public safety hazard by the consumption of alcoholic beverages and the subsequent driving of motor vehicles, especially when the possession and consumption of alcohol on private lots mainly occurs adjacent to major traffic thoroughfares of the city. The mayor and city council find and declare that the aforementioned problem is of such substantial and significant proportions that it threatens the health, safety and welfare of the city and its citizens so as to require the immediate passage of an ordinance prohibiting possession of alcoholic beverages in privately owned parking lots open to public traffic.
(3)
The city is authorized to enact this article pursuant to its police power and its home rule power. The purpose of the following regulations is to help control the problems mentioned above.
(2002 Code, sec. 4.1504)
(a)
Prohibition.
No person shall consume any alcoholic liquor while in or upon public streets, alleys, sidewalks, parking lots or other public ways.
(b)
Open containers.
No person shall be in the possession of any glass, can or open container containing alcoholic liquor on any thoroughfare, street, sidewalk, alley, parking lot or any other public way.
(c)
Duties of sellers.
No person, firm or corporation licensed to sell alcoholic liquor, or the employees or agents of such person, firm or corporation, shall permit any person to remove from such premises any alcoholic liquor in any open container.
(d)
Open containers in motor vehicles.
No person shall have in his or her possession an open container containing alcoholic liquor within or on a motor vehicle, including motorcycles, while parked or standing on a public street or public parking lot in the city, or while such vehicle is in motion.
(e)
Sign required.
All premises licensed for the sale of alcoholic liquor shall post a notice at each exit stating that “NO BEER, LIQUOR OR WINE MAY BE CARRIED IN AN OPEN CONTAINER OUT OF THIS BUILDING.”
(2002 Code, sec. 4.1505)
(a)
Authorized.
The governing body of the city has deemed it advisable to allow and license limited public sale at retail and consumption on the sale premises of cereal malt beverages in specific areas of the public parks of the city, and during community-wide celebrations on certain other public grounds. Such sale shall be by responsible persons otherwise duly licensed under the city code and shall be allowed for limited periods of time as hereinafter specifically provided.
(b)
License created.
There is hereby created a license to be denominated a class A beer garden license. A person to whom the city has issued a current valid beer garden license will hereinafter be referred to as a class A beer garden licensee.
(c)
Designation of area.
A class A beer garden license shall designate specifically an area in a city park, or, alternatively, other public grounds in the central business district in the city, which area shall be used for the purposes of the license and which area will hereinafter be referred to as a beer garden.
(d)
Use of license; duties and qualifications of licensee.
No cereal malt beverage may be sold at retail or consumed in any city park of the city, or on any other public grounds of the city, whether in the central business district or otherwise, except that a class A beer garden license may use the beer garden designated on the beer garden license for purposes of retail sale and consumption by adult consumers of cereal malt beverages on the premises of the beer garden, and further provided that:
(1)
Such sale and consumption shall be limited to the designated beer garden.
(2)
The licensee must comply with all applicable laws and ordinances.
(3)
The licensee must have all of the qualifications set out in city ordinances and state statutes for a liquor dealer’s license.
(4)
The licensee must pay a license fee under this section, which shall be determined by a resolution of the city council.
(5)
The licensee must hold a current valid license from the city for the sale of alcoholic liquor or beer at retail for consumption on the premises.
(e)
Maximum area; boundaries.
The beer garden shall not exceed one thousand square feet in area, shall be contiguous and shall have its boundaries clearly marked.
(f)
Issuance of license restricted.
No beer garden license shall be issued for premises other than in a city park of the city, except in the city’s central business district. No beer garden license shall be issued for public grounds in the central business district of the city except during community-wide public celebrations or holidays. For purposes of this article, “central business district” is defined as the Historic Town Square.
(g)
Duration of license; number of licenses; transfer.
The duration of a beer garden license shall not exceed two days. No person shall be issued more than three beer garden licenses during any calendar year. No beer garden license shall be transferred by the beer garden licensee to whom it was originally issued.
(h)
Compliance with other regulations.
Each class A beer garden, while in operation, shall comply with all of the requirements of the ordinance relating to dealers in alcoholic liquor, to wit, provided that no additional permit shall be required and no additional fee shall be required.
(2002 Code, sec. 4.1506)