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.
(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)