The following regulations shall apply to the sale of liquor,
alcoholic and mixed alcoholic beverages in the city.
(Ordinance O2012-11-12 adopted 11/6/12)
No individual or entity shall sell or serve alcoholic and mixed
alcoholic beverages for on-premises consumption as a holder of a mixed
beverage permit except in a restaurant, cafe, cafeteria or eating
establishment, or on the premises of an indoor commercial recreation
establishment where such sales and service are duly authorized.
(Ordinance O2012-11-12 adopted 11/6/12)
(a) Affidavit.
The party or entity operating the business shall, on a monthly
basis, on a date coinciding with the date that the same information
is furnished to the Texas Alcoholic Beverage Commission, file with
the city secretary an affidavit showing gross receipts and sales of
the business. The affidavit shall contain a statement reflecting the
gross sales attributable to food and the gross sales attributable
to alcoholic and mixed beverages.
(b) Tax
Purposes.
(1) The
party or entity shall also file with the city secretary, on a monthly
basis, on a date coinciding with the date that such information is
furnished to the Texas Alcoholic Beverage Commission, the gross receipts
and figures furnished to the state for sales tax and alcoholic beverage
tax purposes.
(2) This
provision applies to restaurants, cafes, cafeterias or eating establishments
and to a permittee of a federal or state agency.
(c) Administrative
Requirements.
The party or entity shall also furnish
receipts from suppliers upon request of the city secretary. Such receipts
shall reflect current operations and operations for the previous twelve
(12) months.
(d) No permit
shall be renewed for any location where the records specified above
indicate that gross receipts from sales of food are less than the
percentage specified above. No new permit shall be granted for the
sale of mixed beverages at such location for a period of six (6) months.
For further permit information and requirements, see Section 4.304
below.
(Ordinance O2012-11-12 adopted 11/6/12)
(a) Permit
Application; Renewal; Change.
Any individual or entity
applying for a permit or license issued by authority of the Texas
Alcoholic Beverage Code or a renewal of such permit or license or
to change the location of a place of business designated in such permit
or license shall deliver to the city secretary for filing, one (1)
copy of the appropriate forms required by the Texas Alcoholic Beverage
Commission together with scale drawings reflecting the proposed location
of the applicant’s business in relation to streets, property
lines, the nearest church, public school or public hospital. Such
person shall also provide a statement of his name, current address,
addresses for the previous ten (10) years, date of birth, driver’s
license number, if any, all other city permits or licenses held in
his name along with the names and addresses of all persons with an
interest in such business, which statement shall include an affidavit
that the information given is true and correct. The applicant shall
further give authorization for his fingerprints, height, weight, coloring
and other description to be obtained by the police department.
(b) Investigation
of Applicant.
The city secretary shall direct such information
to the chief of police who shall cause an investigation to be made
as to the applicant’s reputation as well as those of his business
associates and also as to the applicant’s criminal record, if
any. Upon completion of such investigation, the chief of police shall
forward such information together with his investigative findings
to the official with primary responsibility for enforcing the zoning
laws of the city. Such person shall determine the zoning district
in which such business is located, the distance to the nearest church,
public school and public hospital and any deficiency in the building
proposed or planned for use. He shall forward his findings, together
with all material received from the chief of police to the city attorney.
(c) Zoning
Compliance.
The city attorney shall, upon receipt of
the information specified above, determine whether the applicant’s
place of business is to be located in a zoning district where such
is prohibited and whether the use is prohibited to this applicant
by any ordinance or statute at such location. The city attorney shall
notify the city secretary of his/her determination and shall advise
the city secretary to certify on the application that the sale of
mixed beverages as applied for is or is not prohibited at the location
of the applicant’s place of business.
(d) Permit
Objections to be Filed With Commission.
If from the city
attorney’s 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 the terms of this section or the
Texas Alcoholic Beverage Code, or that any lawful reason exists for
which the permit or licenses should not be issued, it shall be the
duty of the city attorney to file objections to the issuance of the
permit or license with the Texas Alcoholic Beverage Commission or
with the county judge.
(e) Permit
Fee.
(1) No
individual or entity shall engage in the business of the selling or
serving of liquor, alcoholic or alcoholic mixed beverages without
first having paid to the city the fee or fees levied by this section.
It shall be the duty of the city attorney to petition the Texas Alcoholic
Beverage Commission to cancel the permit or licenses of any individual
or entity who shall engage in such business without having first paid
the fees levied by this section.
(2) There
is hereby levied pursuant to Section 11.38 of the Texas Alcoholic
Beverage Code of the state, a fee for a license or permit issued for
premises located within the city under the Texas Alcoholic Beverage
Code; which fee shall be equal at all times to one-half (1/2) of the
fee assessed by the state for each license or permit issued pursuant
to the Texas Alcoholic Beverage Code. The following, however, are
exempt from the fee authorized above:
(A) Agents, airline, beverage industrial carriers, private carriers,
private club registration, local cartage, storage and temporary wine
and/or beer retailer’s permit;
(B) A wine and/or beer retailer’s permit issued for a dining buffet
or club car; and
(C) A mixed beverage permit during a three-year period following the
initial issuance of the permit.
(f) Fee
Nonrefundable.
No refund of a fee paid to the city under
the terms of this section shall be made for any reason except where
the permittee or licensee is prevented from continuing in business
by reason of a local option election.
(g) Permit
Approval and Issuance.
Upon approval by the city attorney,
the city shall issue a permit in the name of the city, which shall
acknowledge receipt of such amount and shall contain the number, name
and expiration date of state permit or license, the name of the permittee
or licensee, the address of the business and the date of issuance.
(h) Permit
to be Displayed.
The license issued by the city shall
be displayed at all times in a conspicuous place within the licensed
place of business.
(Ordinance O2012-11-12 adopted 11/6/12)
No person shall engage in the business of the sale of liquor, alcoholic and mixed alcoholic beverages in the city unless the place of business of such person 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 sale of liquor, alcoholic and mixed alcoholic beverages is permitted. In addition to being located in a zoning use district in which the sale of liquor, alcoholic and mixed alcoholic beverages is permitted, the following requirements shall also apply
(1) Distance
from Churches, Public Schools and Public Hospitals.
It
shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell such alcoholic beverages where
the place of business of any such person or entity is within three
hundred (300) feet of any church, public school or public hospital.
(2) The
measurement of the distance between the place of business where alcoholic
beverages are sold and a church or public hospital shall be along
the property lines of the street fronts and from front door to front
door, and in a direct line across intersections. The measurement of
the distance between the place of business where alcoholic beverages
are sold and a public school shall be as provided in section 109.33(b)
of the Texas Alcoholic Beverage Code, as amended.
(3) Variance.
The city council may allow a variance to this section if it
determines that the enforcement of the regulations in a particular
instance is not in the best interest of the public, constitutes waste
or inefficient use of land and resources, creates an undue hardship
on the 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 determines, after consideration of the health, safety
and welfare of the public and the equities of such regulation, that
the variance is in the best interest of the community. No variance
may be granted hereunder except after a public hearing for which notice
has been given to owners of real property within three hundred (300)
feet of the location of said business seeking a variance, to be measured
in the manner provided by the Texas Alcoholic Beverage Code, such
notice to be given not less than ten (10) days before the date set
for hearing to all such owners who have rendered said property for
city taxes as the ownership appears on the last approved tax roll.
(4) Mixed
beverage permittees authorized to sell for on-premises consumption
may sell mixed beverages between 10:00 a.m. and noon on Sunday if
the beverage is served to a customer during the service of food to
the customer.
(Ordinance O2012-11-12 adopted 11/6/12; Ordinance O2016-02-02 adopted 2/16/16)
(a) It shall
be unlawful for any person to sell or offer to sell any mixed alcoholic
beverages between the hours of 2:00 a.m. and 12:00 noon on Sunday.
(b) It shall
be unlawful for any person to sell or offer to sell any mixed alcoholic
beverages between the hours of 2:00 a.m. and 11:00 a.m., Monday through
Saturday.
(c) Late
hour on-premises 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.
(d) Mixed
beverage permittees authorized to sell for on-premises consumption
may sell mixed beverages between 10:00 a.m. and noon on Sunday if
the beer is served to a customer during the service of food to the
customer.
(e) Hours
of sales of liquor for off-premises consumption (liquor store sales)
shall be the same as those set by state law, being from 10:00 a.m.
to 9:00 p.m. on any day except the following, when no such sales are
allowed: Sunday, New Year’s Day, Thanksgiving Day, and Christmas
Day, or the Monday following New Year’s Day and Christmas when
the holiday falls on a Sunday.
(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)