This division is passed pursuant to and is referable to the
Alcoholic Beverage Code of the state and is an exercise of the power
granted to incorporated cities by section 109.31 et seq. thereof to
provide for separate and distinct regulations. Except as may be hereinafter
provided, the provisions of said code are hereby adopted insofar as
applicable.
(1978 Code, sec. 4-1)
The definitions contained in section 1.04 of the Alcoholic Beverage Code of the state are hereby adopted.
(1978 Code, sec. 4-2)
(a)
The
sale of alcoholic beverages, including the sale of beer for on-premises
or off-premises consumption, shall be permitted within the following
areas:
(1)
The fire limits, as described in this code.
(2)
Along all state highways in the city.
(3)
All cafes now established within the city limits shall be permitted
to sell alcoholic beverages upon payment of license fees herein provided,
so long as same are not within the excluded areas herein defined.
(4)
Frontage roads constructed along State Highway No. 6 bypass shall be deemed as a state highway for purposes of this section and as referred to in subsection (a)(2) above.
(5)
Areas of the city zoned in such a manner as to allow for the sale
of alcoholic beverages.
(b)
Notwithstanding subsection (a) above, the sale of alcoholic beverages is expressly prohibited in all residential areas of the city, unless a waiver is approved for a particular location by the city manager in accordance with the standards provided for herein. The city manager may grant a waiver to any applicant that:
(1)
Operates an existing non-conforming use within a residential district;
(2)
Derives not more than fifty percent (50%) of its gross receipts for
that location from the sale of alcoholic beverages; and
(3)
Sells alcoholic beverages only for on-premises consumption.
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In determining whether to grant a waiver for a particular location,
the city manager may grant the waiver if the city manager determines
that enforcement of the regulation 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, does not serve
its intended purpose, is not effective or necessary, or for any other
reason the city manager, 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 city.
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(Ordinance 590-09, sec. 2, adopted 7/27/09)
(a)
V.T.C.A.,
Alcoholic Beverage Code section 109.33(a) is hereby adopted for the
regulation of the sale of alcoholic beverages within three hundred
(300) feet of any public or private school, or day care center or
child care facility in the city. Pursuant to this article, it shall
be unlawful to sell or to operate any place of business for the sale
of alcoholic beverages in the city within three hundred (300) feet
of any public or private school, or day care center or child care
facility located in the city.
(b)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and a public or private school, or a day care center
or child care facility, shall be:
(1)
In a direct line from the property line of the public or private
school, day care center or child care facility, to the property line
of the place of business, and in a direct line across intersections;
or
(2)
If the permit or license holder is located on or above the fifth
story of a multistory building, in a direct line from the property
line of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which
the permit or license holder is located. For any permit or license
covering a premises where minors are prohibited from entering under
V.T.C.A., Alcoholic Beverage Code section 109.53, the measurement
of the distance between the premises and the public or private school
shall be along the property lines of the street fronts and from front
door to front door, and in a direct line across intersections.
(c)
The
prohibition against the sale of alcoholic beverages within three hundred
(300) feet of a day care center or child care facility is not applicable
to a permit or license holder if:
(1)
The permit or license holder and the day care center or child care
facility are located on different stories of a multistory 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)
Every
applicant for an original alcoholic beverage license or permit for
a location with a door by which the public may enter the place of
business of the applicant that is within one thousand (1,000) feet
of the nearest property line of a public or private school, measured
along street lines and directly across intersections, must give written
notice of the application to officials of the public or private school
before filing the application with the alcoholic beverage commission.
A copy of the notice must be submitted to the alcoholic beverage commission
with the application. This subsection does not apply to a permit or
license covering a premises where minors are prohibited from entering
under V.T.C.A., Alcoholic Beverage Code section 109.53.
(e)
As to any place of business that held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a) but not subsection (c) of this section, the measurement of the distance between the place of business and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. This subsection applies only as long as the place of business is continuously in operation from that date, whether or not under the same license or permit.
(f)
The
city council may also grant variances to these distance regulations
if the city council determines that enforcement of the 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 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.
(g)
Subsection (a) above does not apply to the holder of:
(1)
A license or permit who also holds a food and beverage certificate
covering a premises that is located within three hundred (300) feet
of a private school; or
(2)
A license or permit covering a premises where minors are prohibited
from entering under V.T.C.A., Alcoholic Beverage Code section 109.53
and that is located within three hundred (300) feet of a private school.
(h)
In
this section, private school means a private school, including a parochial
school, that:
(Ordinance 590-09, sec. 10, adopted 7/27/09)
(a)
The
city does hereby levy an annual license fee pursuant to V.T.C.A.,
Alcoholic Beverage Code section 61.36 which shall be one-half of the
state fee upon every person and entity as permitted by V.T.C.A., Alcoholic
Beverage Code section 61.36 unless prohibited by state law.
(b)
It
shall be unlawful to conduct any business in the city for which a
license is required by V.T.C.A., Alcoholic Beverage Code section 61.36
without obtaining such license.
(c)
The
city secretary shall collect said fees as levied herein in accordance
with the same collection cycle as utilized by the state alcoholic
beverage commission.
(Ordinance 590-09, sec. 3, adopted 7/27/09)
(a)
The
city does hereby levy an annual permit fee pursuant to V.T.C.A., Alcoholic
Beverage Code section 11.38 on every person and entity doing business
in the city as permitted by the state alcoholic beverage code which
shall be one-half of the state fee for each permit issued for premises
located in the city.
(b)
It
shall be unlawful for any person to conduct any business in the city
for which a permit is required by the Alcoholic Beverage Code without
obtaining such permit.
(c)
The
city secretary shall collect said fees as levied herein in accordance
with the same collection cycle as utilized by the state alcoholic
beverage commission.
(Ordinance 590-09, sec. 4, adopted 7/27/09)
(a)
Application.
All applicants for a permit or license
issued under the authority of the Alcoholic Beverage Code which authorizes
the sale of alcoholic beverages, or a renewal of such permit or license,
or change of location of the place of business designated in such
permit or license, shall present to the city manager the appropriate
application form prescribed by the alcoholic beverage commission and
shall file one (1) copy thereof with the city manager. The applicant
shall also file the following:
(1)
A plat prepared by a licensed surveyor showing the proposed location
of applicant’s place of business in relation to streets, property
lines, nearby public or private schools, and day care centers and
child care facilities, and the portion of the premises to be used
by the business, together with a statement by the applicant that the
applicant’s proposed place of business is three hundred feet
(300') or more, or one thousand feet (1,000') or more if applicable,
from any public or private school, or day care center or child care
facility, and an affidavit by the applicant that such information
is true and correct.
(2)
Information, on a form to be furnished by the city, which shall include,
but without limitation, the name, age, weight, sex, other appropriate
identification information, and criminal history information, of applicant.
Said form shall be signed and sworn to by applicant. If applicant
is a partnership, then each member of the partnership shall comply
with the provisions of this subsection.
(b)
Notice to city officials.
The city manager shall immediately
notify the chief of police, fire marshal, health officer, building
official, and other appropriate city officials and staff of the filing
of such application.
(c)
Investigation of applicant; examination of premises.
The chief of police, fire marshal, health officer, building official,
and other appropriate city officials and staff shall investigate the
applicant and examine all matters related to the application for a
permit or license, including but not limited to the premises upon
which the proposed business is to be located. The chief of police,
fire marshal, health officer, building official, and other appropriate
city officials and staff shall report their findings in writing to
the city manager.
(d)
Determination of qualifications; objection to permit or license application.
If, from said investigation and examination, it appears that
the applicant is disqualified, or that the applicant’s place
of business is inadequate, unsafe, unsanitary or does not comply with
all provisions of this article and of the Alcoholic Beverage Code,
or that any lawful reasons exist why the permit or license should
not be issued, the city, may file a petition or other appropriate
objection with the alcoholic beverage commission or the county judge,
seeking denial of the application and any other available remedy.
(Ordinance 590-09, secs. 5–8,
adopted 7/27/09)
If, with regard to any business which possesses a valid permit
or license issued pursuant to the Alcoholic Beverage Code, any information
comes to the attention of the city manager, or if any lawful inspection
or investigation reveals that the permit or license is not compliance
with all provisions of this article and of the Alcoholic Beverage
Code, or that any lawful reasons exist why the permit or license should
be suspended or cancelled, the city may file a petition or other appropriate
objection with the alcoholic beverage commission or other appropriate
authority seeking suspension or cancellation of the permit or license
and any other available remedy.
(Ordinance 590-09, sec. 9, adopted 7/27/09)
(a)
Notwithstanding
any other section of this article, a person may possess an open container
or publicly consume an alcoholic beverage in the central business
district of the city.
(b)
For
the purposes of this section, the central business district shall
be defined as the area of the city within the boundaries of the central
business district as indicated on the official zoning map of the city,
which is on file in the office of the city secretary and incorporated
herein for all purposes. The central business district shall also
be defined, for purposes of this section, to include Mance Lipscomb
Park located at 140 N. La Salle Street, Navasota, Texas.
(c)
It
shall be unlawful for any person to use, carry, or possess any glass
container on any city street, sidewalk, alley, park, parking lot or
other public property or rights-of-way when possessing an open container
of alcohol or publicly consuming an alcoholic beverage in the central
business district of the city. “Glass container” means
a container of any configuration, with a capacity when empty of more
than one-half (0.5) ounce, that is made of glass, crystal, ceramic,
or any other material likely to shatter when dropped onto or struck
by harder material.
Editor’s note–Former section 4.02.009
pertaining to building requirements and deriving from the 1978 Code,
section 4-12, was repealed in its entirety by Ordinance 590-09, section
11, adopted by the city on July 27, 2009.
(Ordinance 951-21 adopted 2/8/21)
(a)
Adopted.
Pursuant to the authority granted to governing
bodies of incorporated cities in chapter 105 of the Texas Alcoholic
Beverage Code, the city council does hereby adopt the hours prescribed
in said code for the sale, consumption, or possession of alcoholic
beverages for the purpose of consumption in any place within the jurisdictional
limits of the city.
(b)
Possession or consumption in public place.
It shall
be unlawful for any person in the city to consume any alcoholic beverage
in any public place or for any person to possess any alcoholic beverage
in any public place for the purpose of consuming the same in such
public place at any time on Sunday between the hours of 1:15 a.m.
and 12:00 noon, and on all other days of the week between the hours
of 1:15 a.m. and 7:00 a.m.
(c)
Sale for consumption in public place.
(1)
It shall be unlawful for any person in the city to sell any mixed
beverage in any public place for the purpose of consuming the same
in such public place at any time on Sunday between the hours of 1:00
a.m. and 12:00 noon, and on all other days of the week between the
hours of 1:00 a.m. and 7:00 a.m.
(2)
It shall be unlawful for any person in the city to sell any beer
and/or wine in any public place for the purpose of consuming the same
in such public place at any time on Sunday between the hours of 1:00
a.m. and 12:00 noon, and on any other days of the week between 12:00
midnight and 7:00 a.m.
(1978 Code, secs. 4-13–4-15)
