(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;
(6)
Preventive
measures to avoid violations of Section 4.103;
(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)
(a)
No individual
or entity shall engage in the business of the selling of beer without
first having paid to the city the fee or fees levied by this section.
(b)
There
is hereby levied pursuant to section 61.36 of the Texas Alcoholic
Beverage Code of the state, a fee for a license or permit issued by
the city for premises located within the city, except a temporary
or agent’s beer license, which fee shall be equal at all times
to one-half (1/2) of the fee assessed by the state for each license.
This fee shall be collected when the application for such permit is
presented to the city, for certification that such permit will be
in compliance with all city ordinances.
(Ordinance O2012-11-12 adopted 11/6/12)
(a)
Sale
for Off-Premises Consumption.
An individual or entity
may sell, offer for sale, or deliver beer and wine for off-premises
consumption between 7:00 a.m. and midnight on any day except Sunday.
On Sunday such individual or entity may sell beer and wine between
midnight and 1:00 a.m. and between noon and midnight.
(b)
Sales
for On-Premises Consumption.
It shall be unlawful for
any person to sell or offer to sell beer or wine for on-premises consumption
between the hours of 2:00 a.m. and 12:00 noon on Sunday.
(c)
It shall
be unlawful for any person to sell or offer to sell beer or wine for
on-premises consumption between the hours of 2:00 a.m. and 11:00 a.m.,
Monday through Saturday.
(d)
Permittees
or licensees authorized to sell for on-premises consumption may sell
beer or wine between 10:00 a.m. and noon on Sunday if the beer or
wine is served to a customer during the service of food to the customer.
(e)
Late
hour sales, being those from midnight until 2:00 a.m. on any day,
are allowed only for holders of an appropriate late hours sale license
from the Texas Alcoholic Beverages Commission.
(Ordinance O2012-11-12 adopted 11/6/12)
Any person violating the provisions of this article shall upon
conviction be fined in accordance with the general penalty provision
set forth in Section 1.109 of this code.
(Ordinance O2012-11-12 adopted 11/6/12)
