There is hereby levied and assessed and shall be collected a license or permit fee from every person pursuing or engaging in any business for which a permit or license is required under V.T.C.A., Alcoholic Beverage Code § 1.01 et seq., in an amount equal to one-half of the state fee charged for such permit or license, as such fee now exists or shall from time to time be established pursuant to such act. Such license or permit fee shall not, however, be applicable to the holder of an agent’s, industrial, carrier’s, local cartage, or shortage permits, nor to wine and beer retailer’s permits issued to operators of dining, buffet, or club cars, and class B winery permits, nor to mixed beverage permits during the first, second and third years of their existence.
(Code 1974, § 21/2-1(a))
Before any license or permit shall be issued by the city, the applicant shall furnish appropriate evidence to show that such applicant has been issued a license or permit to engage in such business by the tax collector of the county on a form prescribed by the comptroller of the state. All permits or licenses issued under this chapter shall terminate contemporaneously with the expiration of the state license or permit of such applicant.
(Code 1974, § 21/2-1(b); Ordinance 1864, § 1, 10-13-09)
The license or permit fee levied by section 6-1 shall be collected by the city and shall be paid by every person before engaging in such business. The city shall issue to the applicant the proper license or permit, which shall state on its face:
(1) 
The activity for which it is issued;
(2) 
The date when it will expire;
(3) 
By whom and where such business is to be conducted;
(4) 
The place where the license or permit is to be kept; and
(5) 
What type of business is to be permitted under the license or permit.
(Code 1974, § 21/2-1(c))
(a) 
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning prescribed to them in this subsection:
(1) 
Alcoholic beverage means alcohol and any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.
(2) 
Dealer means and refers to any natural person or association of natural persons, trustee, receiver, partnership, corporation or other organization holding a permit for the sale of alcoholic beverages or mixed beverages under the state alcoholic beverage code and any manager, agent, servant or employee of any of them.
(3) 
Mixed beverage means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, or the holder of a private club registration permit.
(b) 
(1) 
Sales near church, public school or public hospital. It shall be unlawful and an offense for any dealer within the corporate limits of the city to sell from a place of business an alcoholic beverage or mixed beverage within 300 feet of any church, public school or public hospital. The measurement of the distance between such place of business and any 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 distance between such place of business and a public school shall be in a direct line from the nearest property line of the public school to the nearest property line of the place of business, and in direct line across intersections. Provided, however, that the city council may allow variances to the distance regulation as stated herein if the city council determines that enforcement of such regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community.
(2) 
Sales near day-care center or child-care facility.
a. 
This subsection applies only to a permit or license holder under V.T.C.A., Alcoholic Beverage Code, ch. 25, 28, 32, 69, or 74, who does not hold a food and beverage certificate.
b. 
Except as provided by this subsection, the provisions of subsection (b)(1) relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by V.T.C.A., Human Resources Code, § 42.002.
c. 
This subsection does not apply to a permit or license holder who sells alcoholic beverages, if:
1. 
The permit or license holder and the day-care center or child-care facility are located on different stories of a multi-story building; or
2. 
The permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.
d. 
This subsection does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by V.T.C.A., Human Resources Code, § 42.002.
(c) 
Any person violating the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished as provided in section 1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. Such violation shall be deemed a violation of a provision governing zoning and public health.
(Code 1974, § 21/2-2; Ordinance 1077, § IV, 5-12-92; Ordinance 1148, § I, 8-9-94; Ordinance 1475, § 1, 6-26-01)