(a)
No individual or entity shall engage in the business of the sale of beer or wine for either on-premises consumption or off-premises consumption in the city, unless the place of business of such individual or entity is located in a use district of the city as established by the zoning ordinances of the city, Chapter 14 of this code, as amended, in which such sales are permitted.
(b)
No individual or entity shall sell or serve beer or wine for on-premises consumption except in a restaurant, cafe, cafeteria or eating establishment, or on the premises of an indoor commercial recreation establishment, or on the premises of an individual or entity whose principal business is transporting of the general public and is operating pursuant to a certificate of public convenience and necessity issued by a federal or state regulatory body.
(c)
The holder of a temporary permit for the sale of beer issued by the alcoholic beverage commission may offer for sale and may sell beer at a concession stand for on-premises consumption in an enclosed area upon issuance of a temporary permit by the city council. Such permit may not be for more than 48 hours. Such permit is pursuant to the authority granted to the city council under Texas Alcoholic Beverage Code, section 109.32(a)(2). Application for a permit shall provide the following information:
(1)
Purpose of the event and schedule of the activities involved with the proposed temporary sale of beer;
(2)
Boundaries of the enclosed area, manner by which the area is or will be enclosed. If any of the enclosed area is private property, a list of all the owners of the property involved accompanied by their signatures acknowledging permission for the applicant to engage in concession sales of beer;
(3)
Number of security personnel who will be on site during the hours when beer is sold and the other security plans for the event;
(4)
Method of restriction to and price of admission to the enclosed area;
(5)
Proof of commercial general liability and liquor liability insurance with combined single limits of at least $300,000.00 for the event;
(7)
Proposed hours of operation for the concession sales of beer;
(8)
Provisions that will be made to ensure that beverages will not be taken out of enclosed area; and
(9)
A copy of the application for a temporary permit made to the alcoholic beverage commission under the provisions of chapter 72 of the Alcoholic Beverage Code of Texas.
(Ordinance O2012-11-12 adopted 11/6/12)