This division shall not apply to any person, firm, or corporation
holding a permit or license under the Texas Alcoholic Beverage Code
on the date this division is passed by the city council (ordinance
adopted January 3, 2006) with respect to such permit or license; however,
this division does apply with reference to all permits and licenses
under said code, including renewals of same, which are issued after
the date of passage hereof.
(2007 Code, sec. 4.06.031)
There is hereby levied against each person, firm, or corporation to whom is issued a permit or license to sell alcoholic beverages, which is subject to the imposition of a fee by the city under the Texas Alcoholic Beverage Code, sections 11.38 and 61.36, an initial fee as provided in the fee schedule in appendix
A of this code and a like fee for each annual renewal thereafter.
(2007 Code, sec. 4.06.032)
No application for a permit submitted to a designated officer
of the city pursuant to section 11.41 of the Texas Alcoholic Beverage
Code shall be favorably recommended by such officer unless, if otherwise
entitled to such favorable recommendation, the appropriate fee under
this division has been paid by the applicant to the city. Said fee
may be refunded if the permit being sought is not issued.
(2007 Code, sec. 4.06.033)
(a) All
fees levied under this division shall be paid to the city at the office
of the city secretary prior to the conduct of any business or the
doing of any act for which such permit or license is a legal prerequisite.
(b) All
permits are annual and must be renewed by the permittee or licensee
before the expiration date.
(c) The
city secretary, or her designee, shall, upon payment of such fee,
issue a receipt to said permittee or licensee containing the following
information:
(3) Type of permit or license upon which the fee is based;
(4) Location of premises; and
(5) Name of the permittee or licensee.
(d) The
receipt for payment of such fee shall be kept with the permit or license
upon which the fee is based and shall be displayed in the same manner
as is required by state law of the underlying permit or license.
(2007 Code, sec. 4.06.034)
The city secretary, or her designee, shall notify the state
alcoholic beverage commission of nonpayment of any fee levied under
this division.
(2007 Code, sec. 4.06.035)
Any permittee or licensee who sells an alcoholic beverage without first having paid the fee levied under this division shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine in accordance with section
1.01.009 of this code. Each sale shall constitute a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the city may have.
(2007 Code, sec. 4.06.036)