For the purposes of this article, all definitions of words, terms and phrases as set forth in the state Alcoholic Beverage Code are hereby adopted and made a part hereof.
(1973 Code, sec. 4-1; 1991 Code, sec. 5-1; 2007 Code, sec. 6-1)
It shall be unlawful for any person within the city to consume any alcoholic beverage in a public place or to possess any alcoholic beverage in a public place for the purpose of consuming the same in a public place; or for the holder of a retail dealer’s on-premises late hours license to sell or offer for sale beer; or for the holder of a private club late hours permit to permit persons to consume or be served alcoholic beverages between the hours of 2:15 a.m. and 12:00 noon on Sundays and between the hours of 2:15 a.m. and 7:00 a.m. on all other days.
(1973 Code, sec. 4-2; 1991 Code, sec. 5-2; 2007 Code, sec. 6-2)
The conduct of business of the holder of any license issued under this division shall be governed by and subject to all general state laws, civil or penal, and the provisions of this code and ordinances of the city.
(1973 Code, sec. 4-18; 1991 Code, sec. 5-25; 2007 Code, sec. 6-27)
Regardless of any other provision of this division, no sale of alcoholic beverages in any manner shall be legal or permitted within 300 feet of a church, public or private school, or public hospital, as provided in Alcoholic Beverage Code, section 109.33.
(1973 Code, sec. 4-19; 1991 Code, sec. 5-26; 2007 Code, sec. 6-28; Ordinance 25-994 adopted 6/26/2025)
This section applies only to a permit or license holder who does not hold a food and beverage certificate. Provisions of Alcoholic Beverage Code, section 109.33 relating to public schools also apply to a day-care center and a child-care facility as those terms are defined in Alcoholic Beverage Code, section 109.331 and Human Resources Code, section 42.002.
(Ordinance 25-994 adopted 6/26/2025)
(a) 
The measurement of the distance between the place of business and the school, church, hospital, day-care center or child-care facility shall be along the property lines or the street fronts and from front door to front door, and in a direct line across intersections. This subsection applies only long as the place of business is continuously in operation from that date, whether or not under the same license or permit.
(b) 
The following exhibits are for example purposes and should not be used in final determination of measurement for the locations pictured. Each application will be measured separately at the time of the application.
(1) 
Exhibit A:
If a street must be crossed, the measurement shall continue from the point on the street frontage that is perpendicular to the front door of the establishment, proceed in a straight line to the nearest intersection, cross the intersection in a straight line, and then continue along the street frontage point perpendicular to the front door of the church or public hospital. From that point, the measurement shall extend directly to the front door of the church or hospital.
(2) 
Exhibit :
An illustration depicting a school with a buffer line indicating all properties located within a 300- foot radius.
(Ordinance 25-994 adopted 6/26/2025)
(a) 
The city council may allow variances to the provisions of this chapter if the city council determines that enforcement is not in the best interest of the public, constitutes waste or inefficient use of the 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.
(b) 
Upon written consent with a notarized approval letter by the affected school, church, hospital, day-care center or child-care facility, the distance requirements and variance may be waived at the discretion of the city manager.
(Ordinance 25-994 adopted 6/26/2025)