Unless otherwise provided herein, the words and phrases used
in this article shall have the same meanings as ascribed to them by
the Texas Alcoholic Beverage Code.
(Ordinance 2009-019, sec. 2, adopted 5/26/09; 1988 Code, sec. 3-1)
(a)
It shall be unlawful for any person to manufacture, brew, distill, sell or distribute any wine, beer, liquor or other alcoholic beverage within the city, or engage in any other activity for which a license or permit is required by the Texas Alcoholic Beverage Code, without first obtaining a license or permit to do so from the city. The annual fee for each such license or permit shall be as set forth in the fee schedule in appendix A of this code. The fee shall be paid at the time of application and on the date such permit or license is renewed with the state thereafter.
(b)
It
shall be unlawful for any person licensed to sell alcoholic beverages
at retail, other than a manufacturer or distributor, to use or display
a license or to exercise any privilege granted by a license except
at the place, address, premises and location for which the license
is granted.
(Ordinance 2009-019, sec. 2, adopted 5/26/09; 1988 Code, sec. 3-2; Ordinance adopting 2021 Code)
(a)
Alcoholic beverage
Child-care facility
Day-care center
Dealer
Mixed beverage
Private school
Definitions.
For the purposes of this section, the following
terms, phrases, words and their derivations shall have the meaning
prescribed to them in this section:
means alcohol and any beverage containing more than one-half
of one (1) percent of alcohol by volume which is capable of use for
beverage purposes, either alone or when diluted.
means a facility licensed, certified, or registered by the
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 twenty-four-hour
day, whether or not the facility is operated for profit or charges
for the services it offers.
means a child-care facility that provides [care] for more
than twelve (12) children under fourteen (14) years of age for less
than twenty-four (24) hours a day.
means any natural person or association of natural persons,
trustee, receiver, partnership, corporation or other organization
holding a permit for the sale of alcoholic beverages or mixed beverages
under the state Alcoholic Beverage Code and any manager, agent, servant,
or employee of any of them.
means one (1) or more servings of a beverage composed in
whole or part of an alcoholic beverage in a sealed or unsealed container
of any legal size for consumption on the premises where served or
sold by the holder of a mixed beverage permit, the holder of a daily
temporary mixed beverage permit, the holder of a caterer’s permit,
or the holder of a private club registration permit.
means a private school, including a parochial school, that:
(b)
Prohibited locations.
It shall be unlawful and an offense
for any dealer within the corporate limits of the city to sell from
a place of business an alcoholic beverage or mixed beverage within:
(c)
Exceptions relating to day-care centers and child-care facilities.
The restrictions contained herein with respect to day-care centers
and child-care facilities apply only to a permit or license holder
under Texas Alcoholic Beverage Code, chapter 25 (wine and beer retailer’s
off-premises permit), chapter 28 (mixed beverage permit), chapter
32 (private club registration permit), chapter 69 (retail dealer’s
on-premises permit), or chapter 74 (brewpub license) who does not
hold a food and beverage certificate. Said restrictions with respect
to day-care centers and child-care facilities do not apply to a family
home, specialized child-care home, or agency foster home as those
terms are defined by section 42.002, Texas Human Resources Code. The
restrictions herein with respect to day-care centers and child-care
facilities do not apply to a permit or license holder under the Texas
Alcoholic Beverage Code 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.
(d)
Distance measurements.
The measurement of the distance
between such place of business where alcoholic beverages are sold
and any 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. The measurement of distance between such
place of business where alcoholic beverages are sold and a public
or private school, day-care or child-care facility shall be:
(1)
In a direct line from the property line of the public or private
school or child-care facility to the property line of the place of
business, and in a direct line across intersections; or
(2)
If the place of business where alcoholic beverages are sold 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 place of business where alcoholic beverages
are sold is located.
(e)
Variances.
The city council may allow variances to the
distance regulations as stated herein if the city council determines
that enforcement of such 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.
(f)
Other exceptions.
(1)
Subsection (b)(2) does not apply to the holder of the following permits or licenses issued under the Texas Alcoholic Beverage Code:
(A)
A retail on-premises consumption permit or license if less than fifty
(50) percent of the gross receipts for the premises is from the sale
or service of alcoholic beverages;
(B)
A retail off-premises consumption permit or license if less than
fifty (50) percent of the gross receipts for the premises, excluding
the sale of items subject to the motor fuels tax, is from the sale
or service of alcoholic beverages;
(C)
A wholesaler’s, distributor’s, brewer’s, distiller’s
and rectifier’s, winery, wine bottler’s or manufacturer’s
permit or license, or any other license or permit held by a wholesaler
or manufacturer as those words are ordinarily used or understood;
(D)
A license or permit issued under chapter 27 (temporary and special
wine and beer retailer’s permits), chapter 31 (caterer’s
permit), or chapter 72 (temporary licenses) of the Alcoholic Beverage
Code who is operating on the premises of a private school; or
(E)
A license or permit covering premises where minors are prohibited
from entering under section 109.53 of the Alcoholic Beverage Code
and that are located within one thousand (1,000) feet of a private
school.
(2)
Subsection (b)(1) does not apply to the holder of the following permits or licenses issued under the Texas Alcoholic Beverage Code:
(A)
A licensee or permittee who also holds a food and beverage certificate
covering premises that are located within three hundred (300) feet
of a private school; or
(B)
A license or permit covering premises where minors are prohibited
from entering under section 109.53 of the Alcoholic Beverage Code
and that are located within three hundred (300) feet of a private
school.
(g)
Applicability to existing businesses.
Application to
businesses in existence at the time of the effective date of this
section which are holders of the following permits or licenses issued
under the Texas Alcoholic Beverage Code:
(1)
A premises which has a valid alcoholic beverage permit or license
as of the effective date of this section shall be deemed to satisfy
the distance requirements set forth herein and for all subsequent
renewals of the license or permit as well.
(2)
On the sale or transfer of the premises or the business on the premises
in which a new original license or permit is required for the premises,
the premises shall be deemed to satisfy any distance requirements
as if the issuance of the new original permit or license were a renewal
of a previously held permit or license.
(Ordinance 2009-019, sec. 2, adopted 5/26/09; Ordinance 2013-039, sec. 2, adopted 11/11/13; 1988
Code, sec. 3-3; Ordinance adopting 2021 Code)
The sale of alcoholic beverages is prohibited at any location
that is within a residential zoning district or an identified portion
of a planned development district exclusively restricted to residential
uses.
(Ordinance 2009-019, sec. 2, adopted 5/26/09; 1988 Code, sec. 3-4)
(a)
As
permitted in V.T.C.A., Alcoholic Beverage Code section 105.06, extended
hours are hereby established within the corporate limits of the city.
(b)
The
sale and consumption of any alcoholic beverage in any city-owned park,
sports complex, recreational center, or other city-owned property
within the corporate limits of the city is unlawful and is prohibited.
(c)
It
is a defense to prosecution under this section that the sale or consumption
of alcoholic beverages takes place at the Red River Valley Fairgrounds,
Market Square, the Plaza, or Lake Crook Park (during city permitted
special events) or at the Love Civic Center provided that no sale
of alcoholic beverages will be permitted unless through an appropriate
TABC permit.
(Ordinance 2009-019, sec. 2, adopted 5/26/09; Ordinance 2011-010, sec. 2, adopted 5/9/11; Ordinance 2012-013, sec. 2, adopted 4/23/12; Ordinance 2015-006, sec. 2, adopted 3/9/15; Ordinance 2017-032, sec. 2, adopted 8/14/17; 1988
Code, sec. 3-5)
