(a)
Any
person, firm or corporation violating any part of this article shall
be deemed guilty of a misdemeanor and, upon conviction, shall be subject
to a fine not to exceed the sum of $500.00 for each offense.
(b)
Each
and every day such offense shall continue shall be deemed to constitute
a separate offense.
(c)
Any person violating any of the provisions of section 8.09.034 shall be deemed guilty of a class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed $200.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ordinance 2016-42, sec. 3.04, adopted 6/17/16)
(a)
Bars (as defined in chapter 14) and the sale of liquor for off-premises consumption are prohibited by an operator, owner and/or a dealer whose premises are located within:
(1)
Three hundred feet of a church, public or private school, or public
hospital;
(2)
One thousand feet of a public school, if the city council receives
a request of a school district under section 38.007, Education Code;
or
(3)
One thousand feet of a private school if the city council receives
a request from the governing body of the private school.
(b)
Measurement
of distance:
(1)
The measurement of the distance between the place of business where
liquor is sold and the church or public hospital shall be along the
property lines of the street front and from front door to front door,
and in a direct line across intersections.
(2)
The measurement of the distance between the place of business where
liquor is sold and the 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; or, 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.
(3)
Every applicant for an original liquor license or permit for a location
with a door by which the public may enter the place of the business
of the applicant that is within 1,000 feet of the nearest property
line of a public or private school, measured along street lines and
directly across intersections, must give written notice of the application
to officials of the public or private school before filing the application
with the state alcoholic beverage commission. A copy of the notice
must be submitted to the state alcoholic beverage commission with
the application. This requirement does not apply to a permit or license
covering premises where minors are prohibited from entering the premises
under section 109.53 of the Texas Alcoholic Beverage Code.
(c)
The city council may allow variances to the regulations stated in subsection (a) above if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes a 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, or is not effective or necessary, or for any other reason it, 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.
(d)
Except
as provided by this section and by the zoning ordinance, the city
may not impose stricter standards on premises or businesses required
to have a private club registration permit than are imposed on similar
premises or businesses that are not required to have such a permit.
(e)
(1)
A retail on-premises consumption permit or license if less than 50%
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
50% 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; or
(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 other license or permit held by a wholesaler
or manufacturer as those words are ordinarily used and understood
in chapter 102 of the Texas Alcoholic Beverage Code.
(f)
Subsection (a)(3) does not apply to the holder of:
(1)
A license or permit issued under chapter 27, 31, or 72 of the Texas
Alcoholic Beverage Code who is operating on the premises of a private
school; or
(2)
A license or permit covering premises where minors are prohibited
from entering under section 109.53 of the Texas Alcoholic Beverage
Code and that is located within 1,000 feet of a private school.
(g)
Subsection (a)(1) does not apply to the holder of:
(1)
A licensee or permittee 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 section 109.53 of the Texas Alcoholic Beverage
Code and that is located within 1,000 feet of a private school.
(h)
This
section applies to a permit or license holder issued a permit under
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) of the Texas Alcoholic Beverage Code.
(1)
Except as provided by this subsection, the provisions of subsections (a) and (b) relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by section 42.002 of the Texas Human Resources Code. Subsections (a)(2) and (b)(3) do not apply to a day-care center or child-care facility.
(2)
This subsection does not apply to a permit or license holder who
sells alcoholic beverages if:
(A)
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
(B)
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.
(3)
This subsection 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.
(i)
This
section does not apply to either:
(1)
A place of business where alcoholic beverages are sold located
with a postal address within the area depicted on the map indicated
below:
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(2)
An event sponsored by the city;
(3)
An event for which the city is a partner;
(4)
A sale within a designated city park; or
(5)
A sale within the downtown and entertainment district, as depicted
on the map indicated below:
 |
(Ordinance 2016-42, sec. 3.04, adopted 6/17/16; Ordinance 2020-04, sec. 3.01, adopted 2/11/20; Ordinance 2021-93 adopted 11/9/21; Ordinance 2022-115 adopted 10/11/2022; Ordinance 2023-99 adopted 9/12/2023)
(a)
The hours of sale for beer sold under a wine and beer retailer’s permit or a wine and beer retailer’s off-premises permit shall be the same as those prescribed for the sale of beer under subsection (b) below.
(b)
No
person may sell, offer for sale, or deliver beer at any time not permitted
by this subsection.
(1)
A person may sell, offer for sale, or deliver beer between 7:00 a.m.
and 12:00 midnight on any day except Sunday.
(2)
On Sunday, a person may sell, offer for sale, or deliver beer between
12:00 noon and 12:00 midnight.
(3)
Any alcoholic beverage establishment that sells beer and has a drive-through
facility as an accessory use to said alcoholic beverage establishment
shall not sell, offer for sale, or deliver beer after 8:00 p.m. on
any day of the week.
(4)
This section shall not apply to any person who holds a permit in
a county where extended hours sales are permitted.
(Ordinance 2016-42, sec. 3.04, adopted 6/17/16; Ordinance 2020-04, sec. 3.02, adopted 2/11/20)
(a)
Required; application; issuance.
(1)
It shall be unlawful for any person to manufacture, distill, brew,
import, transport, store for purposes of sale, distribute or sell
any beer, wine or mixed beverages within the city unless such person
has obtained an alcoholic beverage permit from the office of the city
secretary.
(2)
Any person wishing to manufacture, distill, brew, import, transport,
store for purposes of sale, distribute or sell any beer, wine or mixed
beverages must complete an alcoholic beverage permit application and
pay the permit fee.
(3)
The city secretary shall submit each application to the appropriate
city departments, as determined by the city administrator, to ensure
that the application complies with all city ordinances and regulations,
including this section.
(4)
After approval by all necessary city departments, the application
shall be deemed approved and the city secretary shall issue an alcoholic
beverage permit upon payment by the applicant of the initial permit
fee.
(5)
Applications and permits shall be kept on file in the city secretary’s
office.
(b)
Initial permit fee.
(1)
The alcoholic beverage permit fee shall be equal to one-half of the
state fee required by the state alcoholic beverage commission of every
person that may be issued any state permit or license for the manufacture,
distilling, brewing, importing, transporting, storing, distributing
or sale of any beer, wine or mixed beverage, unless a different fee
is allowed or required by state law. No alcoholic beverage permit
shall be issued unless the permit fee is received.
(2)
For purposes of administering these regulations, the current schedule
of fees adopted by the state alcoholic beverage commission for the
state permit or license fee for the manufacture, distilling, brewing,
importing, transporting, storing, distributing or sale of any beer,
wine or mixed beverage hereby is incorporated by reference.
(3)
The city secretary shall issue a receipt for the permit fee and keep
a record of the same in the city secretary’s office.
(c)
Renewal; renewal fee.
(1)
All alcoholic beverage permits shall be renewed annually. All alcoholic
beverage permits shall terminate at 12:00 midnight on the last day
of the calendar year of their issuance, and no permit shall be issued
covering a term longer than one year.
(2)
The city shall require payment of an annual alcoholic beverage permit
renewal fee which shall be equal to one-half of the state fee required
by the state alcoholic beverage commission of every person that may
be issued any state permit or license for the manufacture, distilling,
brewing, importing, transporting, storing, distributing or sale of
any beer, wine or mixed beverage, unless a different fee is allowed
or required by state law. For purposes of administering these regulations,
the current schedule of fees adopted by the state alcoholic beverage
commission for the state renewal permit or license fee hereby is incorporated
by reference.
(3)
The city secretary may cancel a permit if a permittee fails to pay
the alcoholic beverage permit renewal fee. The city secretary shall
send notice of such cancellation to the address on file with the permit
application with a copy to the Texas Alcoholic Beverage Commission.
(Ordinance 2016-42, sec. 3.04, adopted 6/17/16; Ordinance 2020-04, sec. 3.03, adopted 2/11/20)
