The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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.
Child care facility.
A facility licensed, certified, or registered by the department [state department of family and protective services] to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
Day care center.
A child care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.
Dealer.
The same as that term is used in V.T.C.A., Alcoholic Beverage Code, section 109.33, and shall include “person” as that term is defined in this section.
Open container.
A container that is no longer sealed.
Malt beverage.
A fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
Private school.
A private school, including a parochial school, that:
(1) 
Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(2) 
Has more than 100 students enrolled and attending courses at a single location.
(2006 Code, sec. 10-1; Ordinance 04-12-630, sec. 2 (110.01), adopted 12/20/04; Ordinance 21-09-1227 adopted 9/21/21)
Any person or dealer violating the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty or fine not to exceed $500.00 for each offense.
(2006 Code, sec. 10-99; Ordinance 04-12-630, sec. 2 (110.99), adopted 12/20/04; Ordinance 07-01-710, sec. 3, adopted 1/16/07)
(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) 
This section does not apply to the holder of:
(1) 
A license or permit who also holds a food and beverage certificate covering premises that are located within 300 feet of a private school; or
(2) 
A license or permit covering premises where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code sec. 109.53, and that is located within 300 feet of a private school.
(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 a 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:
(1) 
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(2) 
If the permit or license holder is located on or above the fifth story of a multi-story building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(2006 Code, sec. 10-2; Ordinance 04-12-630, sec. 2 (110.02), adopted 12/20/04)
(a) 
It shall be unlawful for any holder of a wine and malt beverage retailer’s 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 permit or license holder who sells alcoholic beverages if:
(1) 
The permit or license holder and the day care center or child care facility are located on different stories of a multi-story building; or
(2) 
The permit or license holder and the day care center or child care facility are located in separate buildings and either the permit or license holder or the day care center or child care facility is located on the second story or higher of a multi-story building.
(c) 
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 V.T.C.A., Human Resources Code sec. 42.002.
(d) 
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:
(1) 
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; or
(2) 
If the permit or license holder is located on or above the fifth story of a multi-story building, 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, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(2006 Code, sec. 10-3; Ordinance 04-12-630, sec. 2 (110.03), adopted 12/20/04; Ordinance 21-09-1227 adopted 9/21/21)
The holder of a retailer late hours certificate may sell or serve the alcoholic beverages the holder is authorized to sell or serve under its primary permit or license on Sunday between the hours of 1:00 a.m. and 2:00 a.m. and on any other day between the hours of 12:00 midnight and 2:00 a.m. if the premises covered by the license or permit are in an area where the sale or service of those alcoholic beverages during those hours is authorized by this code.
(2006 Code, sec. 10-22; Ordinance 10-08-850 adopted 8/16/10; Ordinance 21-09-1227 adopted 9/21/21)
(a) 
Unless state law exempts a permittee or licensee from payment of a fee established by this section, a permittee or licensee must pay the city an annual permit or license fee of one-half (1/2) the amount of the state fee for each permit and license authorizing the sale of alcoholic beverages.
(b) 
An applicant shall pay the fees established under subsection (a) to the city no later than the 30th day after the date the applicant’s payment of a state permit or license fee is due.
(c) 
A permittee and licensee who sells an alcoholic beverage at a business location before the applicant pays the fees established by this section commits a class C misdemeanor punishable by a fine of not less than $10.00 nor more than $200.00.
(d) 
The city secretary shall issue and deliver a receipt under this section to the permittee or licensee authorizing the sale of alcoholic beverages under this article and a state permit or license, if the permittee or licensee:
(1) 
Pays the fees established by subsection (a); and
(2) 
Exhibits the permit or license issued by the state.
(2006 Code, sec. 10-20; Ordinance 07-01-710, sec. 2, adopted 1/16/07)
Prior to issuing a city permit to an applicant for the proposed location, the city secretary shall certify whether the location is located in an area that is wet and that the sale of alcoholic beverages at this location is not prohibited by charter or ordinance. The city secretary shall keep a record of all permits and certificates issued under this article.
(2006 Code, sec. 10-21; Ordinance 07-01-710, sec. 2, adopted 1/16/07)