All definitions of words, terms and phrases as set forth in
section 1.04 of the Texas Alcoholic Beverage Code (hereinafter called
TABC), and other sections where elucidated, hereby are adopted and
made a part of this article.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-1)
(a) Any
person who:
(1) Fails
to pay any permit or license fee prescribed in this article;
(2) Fails
to procure a permit or license as required herein before engaging
in any business for which the payment of a local fee and the securing
of a permit or license are required by the terms hereof;
(3) Engages
in any such business without holding an unexpired and unrevoked permit
or license from the city; or
(4) Violates
any of the other provisions of this article;
shall be deemed guilty of a misdemeanor. Upon conviction thereof, that person shall be punished as provided for in section 1-1-9 of this code.
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(b) In addition
to other penalties imposed pursuant to provisions of this code, the
city permit or license, upon conviction of the holder, shall be revoked
by the judge of the municipal court, or by the city council, or by
a court of competent jurisdiction.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-8)
(a) Any
person engaged in any activity pursuant to which the TABC requires
a permit shall obtain from the city a permit of the character and
type described in, and required by, the section of the TABC relating
to the specific activity in which that person is engaged. The limitations
on activities authorized by such local permit shall be identical to
those enumerated in the TABC section addressing the particular activity
in which the state permittee is engaged.
(b) The
proper officer for the city shall issue any permit required under
the terms of this article to an applicant exhibiting a current permit
duly issued by the state, identical in character and description to
that permit which is sought, provided the required local permit fee,
hereinafter described, has been paid to the proper officer of the
city.
(c) There hereby is levied upon each person engaged in any pursuit addressed in chapters
12 through 46 of the TABC those fees authorized by section 11.38(a) and not excepted by section 11.38(d), in amounts equal to one-half the state fee and consonant with provisions found in appropriate sections of the TABC, as those sections now exist and may be from time to time altered or amended.
(d) All
permits issued under this article’s terms authorizing the manufacture,
distribution and sale of alcoholic beverages shall terminate one year
from the issuance date. No permits shall be issued for a term longer
than one year.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-2)
(a) Any
person engaged in any activity pursuant to which the TABC requires
a license shall obtain from the city a license of the character and
type described in, and required by, the section of the TABC relating
to the specific activity in which that person is engaged. The limitations
on activities authorized by such local license shall be identical
to those enumerated in the TABC section addressing the particular
activity in which the state licensee is engaged.
(b) The
proper officer for the city shall issue any license required under
the terms of this article to an applicant exhibiting a current license
duly issued by the state, identical in character and description to
that license which is sought, provided the required local license
fee, hereinafter described, has been paid to the proper officer for
the city.
(c) There
hereby is levied upon each person engaged in any pursuit addressed
in chapters 62 through 73 of the TABC those fees authorized by section
61.36, not specifically excepted elsewhere, in amounts equal to one-half
the state fee and consonant with provisions found in appropriate sections
of the TABC, as those sections now exist and may be from time to time
altered or amended.
(d) All
licenses issued under this article’s terms authorizing the manufacture,
distribution and sale of alcoholic beverages shall terminate one year
from the issuance date. No license shall be issued for a term longer
than one year.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-3)
No permit or license shall be granted under the terms of this
article unless the location at which such business enterprise is sought
to be established and maintained is permitted under the present or
future zoning regulations and other ordinances of the city.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-4)
(a) It shall
be unlawful for any person to sell alcoholic beverages where the place
of business of such person is within three hundred (300) feet of any
church or public hospital, the measurements to be along the property
lines of the street fronts and from front door to front door and in
a direct line across intersections where they occur; or where the
place of business of such person is within three hundred (300) feet
of any public school, including state-supported institutions of higher
education, the measurements to be from the nearest property line of
the public school to the nearest doorway by which the public may enter
the place of business, along street lines and in a direct line across
intersections, except that, for premises where minors are prohibited
from entering, the measurement of the distance shall be along the
property lines of the street fronts and from front door to front door
and in a direct line across intersections, where they occur. This
section shall not apply to situations in which a church or public
school or public hospital is voluntarily constructed and located within
three hundred (300) feet, as measured above, of an existing place
of business duly licensed and legally authorized to sell alcoholic
beverages.
(b) The
city council hereby is empowered to allow variances to the above regulations
of this section, if it determines that enforcement of the regulations
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, or is not effective or necessary, or for
any reason the 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.
(c) Any
business that now holds or has pending a license or permit in a location
which complied with the law prior to this amendment and is continuously
in operation from that date, whether or not under the same license
or permit, shall continue in effect, and this amended law shall not
be applicable.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-5)
The hours prescribed by TABC section 105.03(c) regarding the
sale of mixed beverages, and section 105.05(c) regarding the sale
of beer, for counties having a population of three hundred thousand
(300,000) or more, hereby are adopted for the city.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-6)
The hours prescribed by TABC section 105.06(c) for an “extended
hours area,” as defined in section 105.06(a)(1)(B), regarding
the consumption of any alcoholic beverage in any public place and
regarding the possession of same with intent to consume in such public
place, hereby are adopted for the city.
(Ordinance 83-106, sec. 1, adopted 10/25/83; 1957 Code, sec. 3-7)