For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
Alcoholic beverages.
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.
Central business district.
A compact and contiguous geographical area of a municipality used for commercial purposes that has historically been the primary location in the municipality where business has been transacted.
Child-care facility.
In accordance with the Texas Human Resources Code Ann, section 42.002 (Vernon’s 2001), this facility must be licensed, certified, or registered by the state department of human 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.
In accordance with the Texas Human Resources Code Ann., section 42.002 (Vernon’s 2001), this facility is a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.
Homeless shelter.
A supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals who lack a fixed regular and adequate residence.
Open container.
A container that is no longer sealed or the meaning assigned by the Texas Alcoholic Beverage Code Ann., section 109.35 (Vernon’s 2007).
Private school.
In accordance with the Texas Alcoholic Beverage Code Ann., section 109.33 (Vernon’s 2007), a private school, including a parochial school, that does the following:
(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.
Public school.
In accordance with the Texas Government Code Ann., section 821.001 (Vernon’s 2004), a public school is an educational institution or organization in this state that is entitled by law to be supported in whole or in part by state, county, school district, or other municipal corporation funds.
(Ordinance 08-3497, sec. I (3-1), adopted 2/12/08)
The city hereby adopts the Texas Alcoholic Beverage Code, which code is made a part of this article by reference for all purposes as though fully set out herein.
(Ordinance 08-3497, sec. I (3-2), adopted 2/12/08)
The sale of alcoholic beverages is a privilege, and this article is not intended to give any person a vested right to engage in such business nor is such article intended to be in conflict in any manner with the provisions of the Texas Alcoholic Beverage Code.
(Ordinance 08-3497, sec. I (3-3), adopted 2/12/08)
(a) 
It shall be unlawful for any person within the corporate limits of the city to consume any alcoholic beverage in any public place or for any person to possess any alcoholic beverage for the purpose of consuming the same in such public place at any time on Sundays between the hours of 2:15 a.m. and 12:00 noon, and on all other days at any time between the hours of 2:15 a.m. and 7:00 a.m.
(b) 
It shall be unlawful for any person who shall hold a retail dealer’s on-premises late hours license or mixed beverages late hours permit issued under the provisions of the Texas Alcoholic Beverage Code to sell any alcoholic beverage or offer the same for sale:
(1) 
On Sunday at any time between the hours of 2:00 a.m. and 10:00 a.m., except that alcoholic beverages served to a customer between 10:00 a.m. and 12 noon on Sunday must be served with food to the customer.
(2) 
On any day except Sunday at any time between the hours of 2:00 a.m. and 7:00 a.m.
(c) 
It shall be unlawful for any person who shall not hold a retail dealer’s on-premises late hours license or a mixed beverages late hours permit issued under the provisions of the Texas Alcoholic Beverage Code to sell any alcoholic beverage or offer the same for sale:
(1) 
On Sunday at any time between the hours of midnight and 1:00 a.m. and between 12:00 noon and midnight.
(2) 
On any day except Sunday at any time between the hours of 12:00 midnight and 7:00 a.m.
(d) 
Private clubs located within the city holding a private club late hours permit issued by the provisions of the Texas Alcoholic Beverage Code may not permit persons to consume or be served alcoholic beverages on club premises on Sundays between the hours of 2:00 a.m. and 10:00 a.m. and on any day except Sunday between the hours of 2:00 a.m. and 7:00 a.m. with the provision that customers served between 10:00 a.m. and 12:00 noon on Sunday must be served with food to the customer.
(e) 
Violation of the above restrictions is punishable as a violation of the Texas Alcoholic Beverage Code.
(Ordinance 08-3497, sec. I (3-4), adopted 2/12/08)
It shall be unlawful to offer for sale or to sell any alcoholic beverage except as designated by the schedule of uses as set forth in the zoning ordinances.
(Ordinance 08-3497, sec. I (3-5), adopted 2/12/08)
When applying for an original state license or state permit, any person seeking to have a business within the city that is required to be licensed under the Texas Alcoholic Beverage Code shall first obtain from the building official either a certificate of occupancy or a building permit for the establishment.
(Ordinance 08-3497, sec. I (3-6), adopted 2/12/08)
(a) 
Except as otherwise provided in the Texas Alcoholic Beverage Code, each holder of a state permit or license issued pursuant to this code shall pay to the city a fee as set forth in the master fee schedule.
(b) 
All fees levied by this section are due and payable at the time in which the state license and permit fees are due.
(c) 
Code enforcement shall notify the state liquor control board of any person failing or refusing to pay the license fee and request cancellation of the license of such person in accordance with Texas Alcoholic Beverage Code Ann., § 61.36.
(Ordinance 08-3497, sec. I (3-7), adopted 2/12/08; Ordinance 23-3746 adopted 5/23/2023)
(a) 
No person shall sell alcoholic beverages if the place of business is within three hundred (300) feet of any church, public school or public hospital.
(b) 
No person shall sell alcoholic beverages, if the place of business is within three hundred (300) feet of any private school, except that this subsection does not apply to the holder of the following:
(1) 
A license or permit who also holds a food and beverage certificate; or
(2) 
A permit for a package store.
(c) 
No person shall sell alcoholic beverages in a place of business within one thousand (1,000) feet of any private school, if the city council has by resolution adopted a request from the governing body of the private school to prohibit such sales, except that this paragraph does not apply to the holder of:
(1) 
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;
(2) 
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;
(3) 
A wholesaler’s, distributor’s, brewer’s, distiller’s and rectifier’s, winery, wine bottler’s or manufacturer’s permit or license, or any license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in the Texas Alcoholic Beverage Code, chapter 102;
(4) 
A license or permit issued under the Texas Alcoholic Beverage Code, chapters 27 (temporary and special wine and beer retailer’s permit), 31 (caterer’s permit), or 72 (temporary license) that operates on the premises of the private school; or
(5) 
A permit for a package store.
(d) 
This subsection establishes additional criteria regarding the sale of alcoholic beverages and shall apply only to a permit or license holder, under the following chapters of the Texas Alcoholic Beverage Code, who does not hold a food and beverage certificate: chapter 25 (wine and beer retailer’s permit), chapter 28 (mixed beverage permit), chapter 32 (private club registration permit), chapter 69 (retail dealer’s on-premises license), or chapter 74 (brewpub license). Except as provided in this subsection, no person shall sell alcoholic beverages in a place of business within three hundred (300) feet of a day-care or child-care facility, excluding the holder of the following:
(1) 
The permit or license holder and the day-care or child-care facility are located on different stories of a multistory building; or
(2) 
The permit or license holder and the day-care or child-care facility are located in separate buildings and either the permit or license holder or the day-care center/child-care facility is located on the second story or higher of a multistory building.
A day-care or child-care facility does not apply to foster group homes, foster family homes, family homes, agency group homes, or agency homes as those terms are defined in the Texas Human Resources Code Ann., section 42.002 (Vernon’s 2001).
(e) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital, day-care or child-care facility shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(f) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be 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, except that where the permit or license holder is located on or above the fifth story of a multistory building, measurement shall be 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.
(g) 
This section shall not be construed to permit or authorize that which is prohibited by the Texas Alcoholic Beverage Code or any other law.
(Ordinance 08-3497, sec. I (3-8), adopted 2/12/08)
(a) 
No person may possess an open container or consume an alcoholic beverage on a public street, public alley, or public sidewalk within one thousand (1,000) feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in the central business district.
(b) 
Special temporary events/activities/festivals approved by the city council and events/activities/festivals lasting no longer than three (3) days that are open to the public for the purpose of providing entertainment/food and/or sales of merchandise are exempt from the provisions of subsection (a).
(Ordinance 08-3497, sec. I (3-9), adopted 2/12/08)