It shall be unlawful for any person to consume any alcoholic
beverage while on any street, sidewalk or other public way in the
city.
(1995 Code of Ordinances, Title XI, Chapter 110,
Section 110.01)
(a)
The sale
and consumption of beer on public property belonging to the city,
on occasions and at celebrations may be permitted by the city council,
upon the terms and subject to the conditions set forth in this section.
(b)
Upon properties
where such sale is restricted by the instrument under which the city
holds title, no permits for the sale and consumption of beer shall
be issued by the city council.
(c)
Sale and
consumption of beer on public property may be permitted by the city
council, and application for a permit to sell such beer shall state
the occasion or celebration on which beer is proposed to be sold and
consumed, the dates for such proposed sale and consumption and the
proposed area or areas in which beer is proposed to be sold and consumed.
Such application shall be made to the city council at a meeting held
not later than seven days before the date of the proposed sale and
consumption of beer.
(d)
The city
council shall hear such application, and in the event that the city
council by majority vote finds that the application has been made
by a reasonable organization and the occasion for which such permit
is requested is of sufficient importance, it may grant such permit,
stating the area or areas that such beer may be sold and consumed,
the day or days on which the same may be sold and consumed and the
hours of sale and consumption.
(e)
No beer
may ever be sold by an organization, corporation, persons or group
on any public property belonging to the city, until and unless a permit
is granted by the city council in accordance with this section.
(f)
The city
manager will have authority to grant variances in such instances as
set forth above.
(1995 Code of Ordinances, Title XI, Chapter 110,
Section 110.02; Ordinance adopting Code)
(a)
It shall
be unlawful to sell an alcoholic beverage to be consumed on the premises
within 300 feet of any church, public school or public hospital within
the city. Such measurement shall be along the property lines of the
street fronts and from front door to front door, and in direct line
across intersections. The measurement of the distance between the
place of business where alcoholic beverages are sold and the public
schools shall be from the nearest property line of the public school
to the nearest doorway by which the public may enter the place of
business, along street lines and in direct line across intersections.
(b)
The city
council may allow variances to the regulation when it determines that
enforcement of the regulation in a particular instance is not in the
best interest of the public, constitutes waste or inefficient use
of land or other resources, creates an undue hardship on an 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,
after consideration of the health, safety and welfare of the public
and the equities of the situation, determines is in the best interest
of the community.
(c)
Nothing
herein shall be construed to prohibit the continued sale of alcoholic
beverages within 300 feet of any church, public school, or public
hospital by an individual, business or corporation seeking an on-premises
license or permit on-premises issued a valid permit within five years
of the effective date of this article.
(d)
Any person
violating this article shall be deemed guilty of a misdemeanor and
shall be subject to the penalty in accordance with the general penalty
provision set forth in Section 1.109 of this code.
(1995 Code of Ordinances, Title XI, Chapter 110,
Section 110.03)
An alcohol beverage permit fee shall be levied and collected
in an amount not to exceed one-half of the fees established by the
Texas Alcohol Beverage Code and as amended.
(Ordinance 2017-16 adopted 10/3/17)
