The following definitions shall apply in this article:
Alcohol and any beverage containing more than one-half (1/2)
of one (1) percent of alcohol by volume, which is capable for use
for beverage purposes, either alone or when diluted.
Any person who submits or files an original or renewal application
with the city secretary, the county judge or the state alcoholic beverage
commission for a license or permit to sell alcoholic beverages.
Those standards of construction and condition imposed on
buildings for commercial use by any or all of the codes and ordinances
of the city then in force.
Any one of several documents which are or may be issued by
the state alcoholic beverage commission in granting the authority
to lawfully sell alcoholic beverages.
Any natural person or association of natural persons, trustee,
receiver, partnership, corporation, organization or the manager, agent,
servant, or employee of any of them.
The buildings, outbuildings, or any other structures on the
same grounds as the place of business of a seller of alcoholic beverages.
(1991 Code, sec. 4.101)
Editor’s note–Former section 4.02.002
pertaining to the inspection of premises and deriving from 1991 Code,
sec. 4.102, was repealed and deleted in its entirety by Ordinance
21-41 adopted 5/18/21.
Before affixing his or her signature to any application for
a state permit or license to sell alcoholic beverages, the city secretary
shall ascertain to his or her satisfaction that:
(1)
The
proposed place of business lies within the city limits.
(2)
The
proposed place of business lies within a legally wet area.
(3)
The
proposed place of business lies within a commercial zone under the
zoning ordinance of the city.
(4)
All
of the requirements of this article have been met, including the collection
of required fees.
(1991 Code, sec. 4.103)
(a)
The city shall collect from each applicant for a state permit or license a city permit or license fee as provided for in the fee schedule in article 1.50 of this code. The fee shall be collected on the same cycle as the state permits or licenses are issued or renewed by the Texas Alcoholic Beverage Commission. All fees required pursuant to this article shall be paid in advance to the city for two (2) years at the time of the application or renewal for the state permit or license with the Texas Alcoholic Beverage Commission. However, a mixed beverage permit fee shall not be collected during the three-year period following issuance of the state permit. The city shall collect the mixed beverage permit fee in the beginning of the second year of the first renewal of the permit and the fee shall be paid in advance to the city for one (1) year for the second year of the first renewal only. The mixed beverage permit fee shall be collected for a two-year period each renewal thereafter. Further, permittees or licensees who have been issued a two-year permit or license by the Texas Alcoholic Beverage Commission and have already paid the annual city fee in 2009 shall continue to be billed by the city annually in 2010 and the city will begin collecting the city fee for two (2) years at a time in advance beginning with the renewal of the license or permit in 2011.
(b)
Such
city permit or license fee shall be refunded to any applicant whose
application for a state license or permit is refused for cause as
provided by state statute, but no refund shall be made if an application
is withdrawn or canceled.
(c)
The
city shall cause to be issued a receipt for said city permit or license
fee, which receipt when displayed in a place of business with a valid
state permit or license shall be taken as evidence of payment of said
fee.
(d)
In
the event of nonpayment of the city permit or license fee by an applicant
for a renewal of a state permit or license to sell alcoholic beverages,
the city shall inform the county judge and the administrator of the
Texas Alcoholic Beverage Commission of such nonpayment in writing
within thirty (30) days, taking any necessary action to prevent the
renewal of such state permit or license.
(Ordinance 11-490, sec. 1, adopted 9/6/11)
(a)
The
sale of alcoholic beverages by a dealer whose place of business is
within 300 feet of a church, public school, or public hospital is
prohibited.
(b)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital shall be along
the property lines of the street fronts and from front door to front
door, and in 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.
(1991 Code, sec. 4.105)
(a)
Historical district.
Possession.
For
the purpose of this section, the following terms are hereby defined:
Immediate custody, care, or control.
(b)
Except
as provided herein, it shall be unlawful for any person to consume
or possess for the purpose of consumption any alcoholic beverage within
any public park located in the city, on the grounds of any public
school, or on any other publicly-owned real property within the city.
This prohibition does not apply to consumption or possession for the
purpose of consumption of alcoholic beverages in the historical district
of the city.
(c)
It shall be an affirmative defense to prosecution under subsection (b) that the consumption or possession occurred at an event for which an event permit was issued pursuant to article 1.07 of this code. The alcohol must have been purchased at the event from a retailer possessing an appropriate state law license or permit to sell alcoholic beverages at the event.
(Ordinance 06-126, sec. 2, adopted 4/18/06)
