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)