For the purpose of this article, all definitions of words, terms,
and phrases as set forth in the Texas Alcoholic Beverage Code are
hereby adopted and made a part hereof.
(1999 Code, sec. 10-24(a))
It shall be unlawful for any person to sell or consume alcoholic
beverages except as allowed by the Texas Alcoholic Beverage Code,
as allowed by the rules and regulations promulgated under the authority
of the Texas Alcoholic Beverage Code, as allowed by this article and
as allowed by the Comprehensive Zoning Ordinance No. 95-699, as amended.
(1999 Code, sec. 10-24(b))
It shall be unlawful for any person to sell or consume alcoholic
beverages except as allowed by the hours of sale of alcoholic beverages
for both on-premises and off-premises consumption in accordance with
the Texas Alcoholic Beverage Code.
(1999 Code, sec. 10-24(c))
(a)
Permit required.
It shall be unlawful for any person to conduct a special event for which a permit is required pursuant to article 14.04, division 6 of this code and at which the sale, distribution and/or consumption of alcoholic beverages will occur without first having obtained a permit issued by the chief of police as provided in subsection (d) of this section.
(b)
Application for permit.
(1)
Each application for a permit issued pursuant to this section shall
be on a form provided by the city and contain, as a minimum, the following
information:
(A)
Name of the applicant and the applicant's permanent residence; provided
that if the applicant is not an individual, the address of the applicant's
primary office in the state;
(B)
If the person signing the application is signing as an authorized
officer, agent, or representative of the applicant, the name and business
address of the person signing the application;
(C)
The time, date, location, and general description of the proposed
special event; provided, if the special event requires additional
time for set-up prior to the commencement of the event and/or break
down after the conclusion of the event, the times and dates for such
periods before and after the special event must also be included;
(D)
Estimated attendance at the special event;
(E)
Traffic plan for the special event, inclusive of any requests for
street and/or lane closures, desires temporary no parking areas;
(F)
Whether or not the applicant and/or person representing the applicant
has ever been:
(G)
The type of license(s) or permit(s) the applicant intends to obtain
from the Texas Alcoholic Beverage Commission in order to authorize
the sale or distribution of alcoholic beverages at the special event
and the proposed effective dates of said license(s) or permit(s).
(2)
The applicant for a permit issued pursuant to this section, if the
applicant is an individual, and the person signing of behalf of the
applicant, if the applicant is not an individual, must be 21 years
of age or older at the time of signing the application.
(3)
In signing the application, the person signing shall be required
to sign an affidavit stating that the statements made in the application
are true and correct to the best of the person's knowledge and belief
on the date the application is signed and continues to be true and
correct on the date the application is submitted to the chief of police.
(c)
Permit processing fee; investigation of applicant.
An
application for a permit to be issued pursuant to this section shall
be filed with the chief of police not later than the thirtieth (30)
day before the date scheduled for the commencement of the special
event accompanied by a permit processing fee equal to $50.00 or such
other amount as may be adopted from time to time by resolution of
the city council and set forth in the city's fee schedule maintained
in the office of the city secretary. Upon the filing of an application
for a permit and payment of the required permit processing fee, the
chief of police shall investigate each applicant for a permit under
this section and make a report to the city manager before issuance
of such permit.
(d)
Issuance of permit.
Not later than the tenth (10th)
business day after submission of the application for a permit pursuant
to this section and the payment of the required processing fee, the
chief of police shall issue or affirmatively refuse to issue the requested
permit under this section. If the chief of police refuses to issue
the permit, the chief of police shall send to the applicant, by certified
mail, return receipt requested, a written notice of such refusal and
the reasons for the refusal. Such notice shall also inform the applicant
of the applicant's right to appeal the decision of the chief of police
to the city council.
(e)
Appeals.
If the chief of police refuses to issue a permit
under this section, the applicant shall have the right to appeal such
decision to the city council for its review and/or consideration at
its next regularly scheduled council meeting. All determinations/decisions
of the city council shall be final.
(Ordinance 2016-1200 adopted 7/12/16)
