Alcoholic beverage.
Alcohol or any beverage containing more than one half of
one percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted.
Beer.
A malt beverage containing one half of one percent or more
of alcohol by volume and not more than four percent of alcohol by
weight, and does not include a beverage designated by label or otherwise
by a name other than beer.
Liquor.
Alcoholic beverages with MORE than four percent alcohol by
weight (five percent alcohol by volume). The term “liquor”
includes ale/malt liquor, wine and distilled spirits.
Separate premises.
A building which meets the requirements of the Texas Alcoholic
Beverage Code section 22.14 applicable at the time a permit is filed,
as may be amended or recodified by the Texas Legislature.
Wine.
Alcoholic beverages made by fermenting juice from fruit,
grapes, berries or honey.
(Ordinance 20-049 adopted 8/11/20)
(a) It
shall be unlawful for any dealer to sell alcoholic beverages from
or at a place of business within this city within 300 feet of a church,
public or private school, or public hospital.
(b) Businesses
with a certificate of occupancy for a convenience store, food and
beverage sales store, or restaurant are excepted from the distance
requirements of this section if an application is submitted to the
city on or before November 25, 2008.
(c) The
measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital shall be along
the property lines of the street fronts and from front door to front
door, and in direct line across intersections.
(d) The
measurement of the distance between the place of business where alcoholic
beverages are sold and the public or private school shall be in a
direct line from the property line of the place of business, and in
a direct line across intersections.
(Ordinance 20-049 adopted 8/11/20)
(a) It
shall be unlawful for any holder of a wine and beer retailer’s
permit, liquor permit, mixed beverage permit, private club registration
permit, retail dealer’s on-premises license or brewpub license
who does not hold a food and beverage certificate to sell alcoholic
beverages from or at a place of business within this city within 300
feet of a day care center or child care facility.
(b) This
section does not apply to a foster group home, foster family home,
family home, agency group home, or agency home as those terms are
defined by section 42.002 of the Texas Human Resources Code.
(c) The
measurement of the distance between the place of business where alcoholic
beverages are sold and the day care center or child care facility
shall be in a direct line from the property line of the day care center
or child care facility to the property line of the place of business,
and in a direct line across intersections.
(Ordinance 20-049 adopted 8/11/20)
It shall be unlawful for any person or dealer to sell alcoholic
beverages in residential areas within this city.
(Ordinance 20-049 adopted 8/11/20)
(a) A
person commits an offense if the person possesses an open container
or consumes an alcoholic beverage on a public street, public alley,
or public sidewalk within 1,000 feet of the property line of a facility
that is a public or private school, including a parochial school that
provides all or any part of prekindergarten through twelfth grade.
(b) This
section does not apply to the possession of an open container or the
consumption at an event duly authorized by appropriate authorities
and held in compliance with all other applicable provisions of this
code.
(Ordinance 20-049 adopted 8/11/20)
(a) There
is hereby levied a fee not to exceed one-half (1/2) of the state fee
for each license authorized by the Texas Alcoholic Beverage Code,
except a temporary or agent’s beer license, issued for premises
located within the corporate limits of the city.
(b) There
is hereby a $150.00 administrative processing fee for acceptance,
review, and verification of all new applications.
(c) All
payments shall be made to the community development department along
with the submission of the application. The department shall issue
a receipt for display with the state license or permit on the licensed
or permitted premises.
(Ordinance 08-123 adopted 11/10/08)