[1]
Editor’s note(s)–Ordinance O-09-007, sec. I, adopted Apr. 16, 2009, amended the former Art. III, secs. 17-40–17-43, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Ord. of Mar. 17, 1981, secs. 1–5.
(a) 
From and after the effective date of this article it shall be unlawful for any dealer of alcoholic beverages, whose place of business is within three hundred (300) feet of a church, public school, or public hospital, to sell alcoholic beverages from such place of business.
(b) 
The measurement of the distance shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(Ordinance O-09-007, sec. I, adopted 4/16/09)
(a) 
The City of Brenham shall levy and collect a local fee in the amount of one-half (1/2) of the state fee for each permit issued under the Texas Alcoholic Beverage Code for premises located within the corporate limits of the city. The following are exempt from the local fee required by this section:
(1) 
Agent’s, airline beverage, passenger train beverage, industrial, carrier’s, private carrier’s, private club registration, local cartage, storage, and temporary wine and beer retailer’s permits;
(2) 
A wine and beer retailer’s permit issued for a dining, buffet, or club car; and
(3) 
A mixed beverage permit during the three-year period following the issuance of the permit.
(b) 
The City of Brenham shall levy and collect a local fee in the amount of one-half (1/2) of the state fee for each license, except a temporary or agent’s beer license, issued under the Texas Alcoholic Beverage Code for premises located within the corporate limits of the city.
(c) 
The city secretary shall collect said fees as levied herein in accordance with the same collection cycle as utilized by the Texas Alcoholic Beverage Commission.
(Ordinance O-09-007, sec. I, adopted 4/16/09)
This article is adopted in accordance with Sections 11.38, 61.36, 109.33 and all other applicable provisions of the Texas Alcoholic Beverage Code, as amended.
(Ordinance O-09-007, sec. I, adopted 4/16/09)
Any person, firm or corporation which shall violate the provisions of this article, or shall fail to comply therewith, or with any requirements thereof, shall be deemed guilty of a misdemeanor and shall be subject to a fine, and upon conviction of any such violation shall be fined in the sum of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00); and each day any such violation shall be permitted to exits shall constitute a separate and distinct offense.
(Ordinance O-09-007, sec. I, adopted 4/16/09)