(a)
It
shall be unlawful for any person, firm, association, club or corporation,
to sell alcohol and/or alcoholic beverages from their principal place
of business if it is within the distances prescribed in and measured
in accordance with V.T.C.A., Alcoholic Beverage Code, chapter 109.
(b)
The provisions of subsection (a) of this section shall not apply to a duly-registered and lawfully-operating tenant of: (1) the Highland Park Shopping Village PD-1; or (2) the shops of Highland Park [Lot 1R; Block 170/2 of Corrigan Oak Lawn Addition, and Lots 1, 2, 3, 4, 5, and 6 of Block 170/2 of Highland Park Acreage]; and who has also obtained the necessary license(s) and/or permit(s) for the sale of alcohol and/or alcoholic beverages from both the State of Texas and the Town.
(Ordinance 1784 adopted 2/23/09; Ordinance 1874 adopted 10/24/11)
Except as otherwise permitted by the Town zoning code, It shall
be unlawful for any person to manufacture, distill, brew, import,
transport, store, distribute or sell any beer or wine in any residential-zoned
district.
(1971 Code, sec. 2 1/4-6; Ordinance
adopting Code)
It shall be unlawful for a person, firm, corporation or association
of persons to engage in such business within the corporate limits
of the Town for which a permit or license is required under the provisions
of the Texas Alcoholic Beverage Code, without having first paid the
Town a license fee and then having received a receipt for such transaction.
(1971 Code, sec. 2 1/4-1)
It shall be a condition precedent to the issue of any license by the Town, as provided for in section 4.03.031 of this article, that the applicant shall furnish appropriate evidence to show that all provisions of the Texas Alcoholic Beverage Code and any amendment thereto have been fully met, and that the applicant has been issued a license to engage in such business by the Tax Collector of the County.
(1971 Code, sec. 2 1/4-2)
(b)
The
permit issued under the provisions of the Texas Alcoholic Beverage
Code shall be prima facie proof of classification of the occupation
upon which the tax is levied and shall be the sole basis of determination
of the amount of the license fee. All licenses provided for herein
shall terminate upon the expiration of one year from date of issuance,
and no license shall be issued for more than one year. All licenses
now in effect shall be valid until their expiration.
(Ordinance 1592, sec. 1, adopted 7/12/04)
The license fees provided by this article shall be collected
by the Town Director of Finance and shall be paid by every person,
firm, corporation or association of persons engaging in such business
for which a permit or license is required under the provisions of
the Texas Alcoholic Beverage Code, and the Director of Finance shall
issue to the applicant the proper license, which shall state on its
face for what it is issued, the date when it will expire, and by whom
and where such business is to be conducted, and shall describe the
place where same is to be kept and state what type of business is
to be permitted under the license. No license is transferable.
(1971 Code, sec. 2 1/4-4)
Any person, firm, association, club or corporation which shall sell or distribute or which shall attempt to sell or distribute liquor within the corporate limits of the Town without first having paid the license fee levied herein shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(1971 Code, sec. 2 1/4-7)
