(a) Pursuant
to and in accordance with the provisions of the Texas Alcoholic Beverage
Code, as amended, beer or mixed beverages, as those terms are defined
by said Texas Alcoholic Beverage Code, may be sold or offered for
sale at any time except during the following:
(1) On Sunday at any time between the hours of 2:00 a.m. and 12:00 noon.
(2) On any day except Sunday at any time between the hours of 2:00 a.m.
and 7:00 a.m.
(b) Pursuant
to and in accordance with the provisions of the Texas Alcoholic Beverage
Code, as amended, any alcoholic beverage, as that term is defined
by said Texas Alcoholic Beverage Code, may be consumed or held in
any person’s possession for the purposes of consumption in any
public place at any time except during the following:
(1) On Sunday between the hours of 2:15 a.m. and 12:00 noon.
(2) On any day except Sunday at any time between the hours of 2:15 a.m.
and 7:00 a.m.
(c) Provided,
however, any sale, consumption, or possession of beer, mixed beverages
or alcoholic beverages as permitted by this section shall be subject
to all applicable laws and ordinances, and nothing in this section
shall be construed as permitting or otherwise authorizing any act
in contravention of any state or federal statute or any ordinance
of the city.
(Ordinance 76-04-13-1, sec. 1, adopted 4/13/76)
(a) Conformance with state law.
The terms of this section
shall be construed to be consistent with the Texas Alcoholic Beverage
Code and rules and regulations promulgated under its authority.
(b) Sale near church, school or hospital.
The sale of alcoholic
beverages by a dealer whose place of business is within 300 feet of
a church, public or private school, or public hospital is hereby prohibited,
except as otherwise provided by this section and the Texas Alcoholic
Beverage Code.
(c) Sale near day-care center or child-care facility.
(1) A permit or license holder under chapter 25 (Wine and Beer Retailer’s
Permit), 28 (Mixed Beverage Permit), 32 (Private Club Registration
Permit), 69 (Retail Dealer’s On-Premise License), or 74 (Brewpub
License) of the Texas Alcoholic Beverage Code who does not hold a
food and beverage certificate may not sell or engage in the business
of selling an alcoholic beverage at a place of business located within
300 feet of a day-care center or child-care facility, as defined by
the Texas Human Resources Code, except as otherwise provided by this
section and the Texas Alcoholic Beverage Code.
(2) The restrictions in this subsection
(c) do not apply to a permit or license holder who sells alcoholic beverages if:
(A) The seller’s business and the day-care center or child-care
facility are located on different stories of a multistory building;
or
(B) The seller’s business and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder’s place of business or the day-care center or
child-care facility is located on the second story or higher of a
multi-story building.
(d) Measurement of distance.
The distance between the place
of business where the alcoholic beverages are sold and the church,
public or private school, public hospital school, or day-care center
or child-care facility shall be measured in accordance with section
109.33 of the Texas Alcoholic Beverage Code.
(e) Variances.
The city council may allow variances to the regulations in subsections
(b) and
(c) of this section if the city council determines that enforcement of the regulation in a particular instance:
(1) Is not in the best interest of the public;
(2) Constitutes waste or the inefficient use of land or other resources;
(3) Creates an undue hardship on an applicant;
(4) Does not serve its intended purpose;
(5) Is not effective or necessary; or
(6) 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.
(Ordinance 2007-07-16-4, arts. 2–6,
adopted 7/16/07)