All definitions of words, terms and phrases as set forth in
Vernon’s Texas Codes Annotated noted as V.T.C.A., Alcoholic
Beverage Code section 1.04 et seq. are hereby adopted and made a part
hereof.
(Ordinance 030805-01, sec. 13.100,
adopted 3/8/05)
(a)
Except
as provided herein, the hours of sales of alcoholic beverages in the
city shall comply with state law provisions regarding the hours of
[sales of] alcoholic beverages.
(b)
The
city council may grant extended hours of operation as permitted by
state law for specific businesses as approved by the council.
(Ordinance 030805-01, sec. 13.106,
adopted 3/8/05)
(a)
Except
as set forth below, it shall be unlawful for any person to sell an
alcoholic beverage on the premises of any municipal building or city-owned
property.
(b)
Except
as set forth below, it shall be unlawful for any person to consume
an alcoholic beverage on the premises of any municipal building or
city-owned property.
(c)
This
section shall not prohibit the responsible sale and consumption of
alcoholic beverages upon the municipal property known as the Historic
Hubbard High School or such other municipal property as the city council
and city manager may from time to time specifically exempt from this
section, provided that such consumption complies with all other applicable
laws. The Historic Hubbard High School is prohibited [from engaging
in] the sale of alcoholic beverages during school hours Monday through
Friday until 5:00 p.m. The Historic Hubbard High School is not prohibited
[from engaging in] responsible sale of alcoholic beverages on weekends
and holidays as long as this consumption and sale occurs indoors within
the building.
(Ordinance 030805-01, sec. 13.107,
adopted 3/8/05)
(a)
The
city council hereby enacts regulations applicable in the city prohibiting
the sale of alcoholic beverages under certain circumstances. In addition,
the sale of alcoholic beverages is prohibited in any zoning district
where food and beverage sales are not allowed. Sales of alcoholic
beverages are further prohibited within three hundred feet (300')
of a church, public or private school, or public hospital, as designated
by state law.
(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 a direct line across intersections. 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 multistory 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.
(c)
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 300 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 state alcoholic beverage commission. A copy of the notice must
be submitted to the commission with the application. This subsection
does not apply to a permit or license covering premises where minors
are prohibited from entering the premises under section 109.53, Texas
Alcoholic Beverage Code.
(d)
The city council may allow variances to the regulation(s) under subsection (a) if the council determines that enforcement of the regulation(s) 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 other 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. Applications for variances shall be made to the city manager. The application fee as provided in appendix A to this code shall be paid at the time the application is made. The request for variance shall be considered by the city council, with final approval/denial being made by the city council.
(e)
Subsection (a) does not apply to the holder of:
(1)
A license or permit 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 Alcoholic Beverage Code]
and that is located within 300 feet of a private school.
(Ordinance 030805-01, sec. 13.108,
adopted 3/8/05)
(a)
This
section applies only to a permit or license holder under chapter 25,
28, 32, 69, or 74 of the Alcoholic Beverage Code who does not hold
a food and beverage certificate.
(b)
Except as provided by this section, the provisions of section 4.02.004 relating to a public or private school also apply to a day care center and a child care facility as those terms are defined by section 42.002, Human Resources Code.
(c)
This
section does not apply to a permit or license holder who sells alcoholic
beverages if:
(1)
The permit or license holder and the day care center or child care
facility are located on different stories of a multistory building;
or
(2)
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 multistory building.
(d)
This
section 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, Human Resources Code.
(Ordinance 030805-01, sec. 13.109,
adopted 3/8/05)
(a)
In
connection with the city’s regulation of the location of sexually
oriented businesses and the city’s regulation of the sale and
consumption of all alcoholic beverages, including mixed beverages,
as contained in this article:
(1)
The location of any nude modeling studio, or other sexually oriented
business, within any commercial premises in which alcoholic beverages
are being sold, served, or consumed is prohibited;
(2)
No alcoholic beverage may be sold, served, or consumed within any
commercial premises occupied by a nude modeling studio, or other sexually
oriented business; and
(3)
Both nudity and semi-nudity are prohibited in any commercial premises
where alcoholic beverages are sold, served, or consumed.
(Ordinance 030805-01, sec. 13.110,
adopted 3/8/05)
The on-premises sale and consumption of all alcoholic beverages,
including mixed beverages, is prohibited in any zoning district where
the on-premises consumption of food and beverages is not allowed.
(Ordinance 030805-01, sec. 13.111,
adopted 3/8/05)
(a)
In
addition to the other regulations contained in this article, or in
other portions of this Code of Ordinances which apply to the sale
of alcoholic beverages in the city, the following regulations are
specifically applicable to the sale of alcoholic beverages:
(1)
The sale of alcoholic beverages is prohibited in any residential
area, specifically including, without limitation, all areas zoned
either residential, or PUD when the planned development is for residential
purposes.
(2)
In locations in the city in which the sale of alcoholic beverages
is not prohibited at all times, retailers selling alcoholic beverages
for on-premises consumption may not sell alcoholic beverages before
7:00 a.m. and after midnight on weekdays and 7:00 a.m. on Saturdays
and after 1:00 a.m. on Sundays and before 10:00 a.m. with food sales
and 12:00 noon without food sales and after midnight on Sundays.
(3)
In locations in the city in which the sale of alcoholic beverages
is not prohibited at all times, retailers, manufacturers, or distributors
selling alcoholic beverages for off-premises consumption cannot sell
alcoholic beverages before 7:00 a.m. on any day other than Sunday
and noon on Sundays, or after midnight on weekdays and on Saturday
and Sundays.
(4)
In accordance with section 105.01 (Hours of sale: liquor) [of the
Alcoholic Beverage Code], no person may sell, offer for sale, or deliver
any liquor:
(b)
In
accordance with section 109.32(c) of the Texas Alcoholic Beverage
Code, the city council has determined that, in exercising the authority
granted by section 109.32 with regard to the regulation of the sale
of all alcoholic beverages, including mixed beverages, it is in best
interest of the public health, safety and welfare of the citizens
for such regulations to distinguish between retailers selling all
alcoholic beverages, including mixed beverages, for on-premises consumption
and retailers, manufacturers, or distributors who do not sell all
alcoholic beverages, including mixed beverages, for on-premises consumption.
(Ordinance 030805-01, sec. 13.112,
adopted 3/8/05; Ordinance adopting
Code)
(a)
It
shall be unlawful for any person to possess or consume any alcoholic
beverage in or upon any property owned by the city, except as permitted
in this section.
(b)
The
possession or consumption of alcoholic beverages in and upon property
owned by the city and the city’s economic development corporation
is permitted provided the person is attending an event sponsored by
the city or a non-profit or religious organization which has obtained
the appropriate permit from the city and only within the area designated
in the permit.
(c)
A permit for the sale of alcoholic beverages only required by subsection (b) may be granted by the city if the following conditions are met:
(1)
The sale of alcoholic beverages on city property may be granted by
the city for events sponsored by the city or by a non-profit or religious
organization.
(2)
An applicant wishing to obtain a permit shall submit an event application
to the city secretary at least ten (10) business days prior to the
proposed event.
(3)
Organizations requesting a permit shall use the services of a caterer
licensed by the Texas Alcoholic Beverage Commission or acquire such
permit as may be required by the Texas Alcoholic Beverage Commission
to any specified alcoholic beverage, and all sales shall be subject
to all applicable rules and requirements established by the Texas
Alcoholic Beverage Commission.
(4)
Both the organization requesting the permit and the licensed caterer
must insure that no alcoholic beverage being sold under the terms
of the permit will be allowed outside the permitted area.
(5)
Hours of permitted sales of beer and wine are limited to the hours
between 10:00 a.m. and midnight of the same day. Further hourly restrictions
as imposed by the Texas Alcoholic Beverage Commission and state law
must be observed should they be more restrictive.
(6)
Alcoholic beverages must be sold, possessed and consumed only in
accordance with state law.
(7)
The applicant must provide the types and terms of insurance as may
be required by the city which insurance shall name the city as an
additional insured.
(8)
The event must be conducted in accordance with all applicable municipal
codes and ordinances including zoning, food service, building or other
codes.
(Ordinance O6162015-02 adopted 6/16/15)
(a)
It
shall be unlawful for any person to manufacture, distill, brew, import,
transport, store for purposes of sale, distribute or sell any alcoholic
beverages, including mixed beverages, within the city unless such
person has obtained a license or permit, as applicable (depending
upon the requirements under state law relative to the product to be
sold), from the state.
(b)
The
city council does hereby levy a fee pursuant to V.T.C.A., Alcoholic
Beverage Code section 61.36 and section 11.38, both as described in
detail below, which shall be one-half of the state fee upon every
person as permitted by V.T.C.A., Alcoholic Beverage Code section 61.36
and section 11.38, unless prohibited by state law. The license or
permit fee, as applicable, shall be paid in cash, check, cashier’s
check or money order.
(Ordinance 030805-01, sec. 13.101,
adopted 3/8/05)
(a)
It
shall be unlawful for any person to manufacture, distill, brew, import,
transport, store for purposes of sale, distribute or sell any alcoholic
beverages, including mixed beverages, within the city unless such
person obtains a city license or permit, as applicable, from the office
of the city secretary.
(b)
Any person wishing to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any alcoholic beverages, including mixed beverages, must complete a city license or permit application and pay the application fee as set forth in section 4.02.043.
(c)
The
city secretary shall submit each application to the appropriate city
departments, as determined by the city manager, to ensure that the
application complies with all city codes, ordinances and regulations,
including this article, and to ensure that the applicant has paid
all ad valorem taxes.
(d)
After approval by all necessary city departments, the application shall be deemed approved and the city secretary shall issue a city license or permit, as applicable, upon payment by the applicant of the initial license or permit fee as set forth in section 4.02.043.
(e)
Applications
and licenses or permits shall be kept on file in the city secretary’s
office.
(Ordinance 030805-01, sec. 13.103,
adopted 3/8/05)
(a)
An application fee in the amount as provided in appendix A to this code, or such lesser fee as may be authorized by law, shall be charged by the city secretary for accepting any initial license or permit application for [an alcoholic beverage business, and no application] may be accepted unless accompanied by the application fee.
(b)
As
set forth above, the city alcoholic business 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 alcoholic beverages, including
mixed beverages, unless a different fee is allowed or required by
state law. No city license or permit may be issued unless the initial
alcoholic business permit fee is received.
(c)
The
city secretary shall issue a receipt for the application fee and business
permit fee and keep a record of the same in the city secretary’s
office.
(Ordinance 030805-01, sec. 13.104,
adopted 3/8/05)
(a)
All
licenses or permits shall be renewed annually. All alcoholic business
permits shall terminate at midnight on the day before the anniversary
date of their issuance, and no license or permit shall be issued covering
a term longer than one (1) year.
(b)
Subject
to the exception contained in section 11.38(d)(3) of the Alcoholic
Beverage Code, the city shall require payment of an annual alcoholic
business permit renewal fee by all establishments selling alcoholic
beverages within the city. And, except as limited by section 11.38(d)(3)
of the Alcoholic Beverage Code, the alcoholic business permit renewal
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 license or permit for the manufacture, distilling, brewing,
importing, transporting, storing, distributing or sale of any alcoholic
beverages, including mixed beverages, unless a different fee is allowed
or required by state law.
(c)
The
city secretary may cancel a license or permit if a permittee fails
to pay the applicable alcoholic business permit renewal fee. The city
secretary shall send notice of such cancellation to the address on
file with the permit application.
(d)
A
licensee or permittee who sells an alcoholic beverage without first
having paid the applicable alcoholic business permit renewal fee under
this section commits a misdemeanor punishable by a fine of up to $200.00.
(e)
Within
90 days prior to the renewal date, the licensee or permittee shall
provide to the city secretary, in a form acceptable to the city, all
information and data which the city, in its sole discretion, believes
is necessary to make determinations regarding renewal, including,
but not limited to, any information pertaining to gross receipts.
A licensee or permittee failure to provide adequate information may
result in the nonrenewal of the license or permit.
(Ordinance 030805-01, sec. 13.105,
adopted 3/8/05)
