(a)
No
person shall sell alcoholic beverages in the city unless a permit
or license authorizing such sale is first issued by the state alcoholic
beverage commission and remains in effect.
(b)
No
permit or license shall be issued except in conformance with all state
and city regulations.
(c)
A
fee for each application for a permit or license to sell alcoholic
beverages, the amount of which is established in the fee schedule,
shall be collected by the city when the application for such permit
or license is requested.
(2001 Code, sec. 116.03)
If the sale of beer and wine for off-premises consumption is
permitted by the code, the hours permitted for the sale of beer or
wine shall be governed by V.T.C.A., Alcoholic Beverage Code, section
105.04 and 105.05, as now written or hereafter amended.
(2001 Code, sec. 116.04)
(a)
A
person or entity engaged in the sale of mixed beverages in a restaurant
under a food and beverage certificate shall, on an annual basis, on
a day coinciding with the date that such information is furnished
to the state, file with the city secretary an affidavit showing the
gross receipts and sales of the business. The affidavit shall contain
a statement reflecting the gross receipts attributable to the premises
and the gross receipts attributable to the sale of alcoholic beverages.
(b)
The
food and beverage certificate holder shall also file with the city
secretary, on an annual basis, on a date coinciding with the date
such information is furnished to the state, the gross receipts and
figures furnished to the state for sales tax and alcoholic beverage
tax purposes. This provision applies to restaurants, cafes, cafeterias
or eating establishments and to a permittee of a federal or state
agency.
(c)
The
food and beverage certificate holder shall also furnish receipts from
suppliers upon request of the city secretary. Such receipts shall
reflect current operations and operations for the previous twelve
(12) months.
(2001 Code, sec. 116.05)
The sale of beer or wine shall be prohibited in all residential
areas of the city. No permit shall be issued for the sale of beer
or wine in any residential area of the city. For the purpose of this
section, the term “residential area” shall include all
areas of the city presently zoned residential, including RE, R-1,
R-2, R-3, R-4, and residential PD Districts, and all land hereafter
zoned residential, provided that this section shall not apply to any
permit issued for premises zoned commercial at the time of such issuance
and subsequently rezoned residential.
(2001 Code, sec. 116.01)
(a)
It
shall be unlawful for any person or entity who is engaged in the business
of selling alcoholic beverages to sell the same at a place of business
that is within:
(b)
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 direct line across intersections.
(c)
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.
(d)
Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within one thousand (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 city and the state alcoholic beverage commission. A copy of the notice must be submitted to the city and the state alcoholic beverage commission with the application. This subsection (d) does not apply to a permit or license covering a location where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code, section 109.53.
(e)
Subsection (a)(1) does not apply to the holder of a license or permit who also holds a food and beverage permit covering a premises that is located within three hundred (300) feet of a private school.
(f)
Subsection (a)(2) of this section does not apply to the holder of:
(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; or
(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.
(g)
To the extent applicable under V.T.C.A., Alcoholic Beverage Code, section 109.331, the provisions of subsection (a)(1) relating to a public school also apply to a day-care center and child-care facility as those terms are defined in V.T.C.A., Human Resources Code, section 42.002.
(h)
The
city council may allow a variance to this section if it determines
that the enforcement of the regulations in a particular instance is
not in the best interest of the public, constitutes waste or inefficient
use of land and resources, creates an undue hardship on the 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 determines,
after consideration of the health, safety and welfare of the public
and the equities of such regulations, that the variance is in the
best interest of the community. No variance may be granted hereunder
except after a public hearing for which notice has been given to owners
of real property within three hundred (300) feet of the location of
the place of business seeking a variance. Such notice must be provided,
not less than ten (10) days before the date set for hearing, to all
such owners who have rendered said property for city taxes, as the
ownership appears on the last approved city tax roll.
(2001 Code, sec. 116.02)
