The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Alcoholic beverage.
Alcohol or any beverage containing more than one-half of one percent alcohol by volume which is capable of use for beverage purposes both alone or when diluted and may include all distilled spirits, beer, malt beverage, wine or fortified wine as defined in this section or the Texas Alcoholic Beverage Code, as amended.
Beer.
A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.
Beer or malt beverage.
Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other product, or any combination of such products in water containing not more than fourteen percent (14%) alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. Also included are beverages known as “nonalcoholic beer” which is made by fermentation of any infusion or decoction of barley, malt, hops, or other products, and containing less than three percent (3%), but more than zero point one percent (0.1%) alcohol by volume. The term “malt beverage” does not include sake, known as Japanese rice wine.
Distilled spirits.
Alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.
Mixed beverage.
One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Person.
Any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi public.
Wine and vinous liquor.
The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
(Ordinance 2008-01, sec. 1, adopted 1/8/08)
No person shall manufacture, distribute, sell, or serve alcoholic beverages within the city without first having obtained a permit or license for the specific location from the state alcoholic beverage commission.
(Ordinance 2008-01, sec. 2, adopted 1/8/08)
There is hereby levied an annual permit fee and annual license fee in the amount equal to one-half (1/2) of the fee charged by the state for each particular permit or license (or the maximum fee that the city is authorized by law to charge) issued by the state alcoholic beverage commission, except when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code. The fee shall be paid at the time of application and on the date such state permit or license is renewed with the state thereafter.
(Ordinance 2008-01, sec. 2, adopted 1/8/08)
That any person, firm, or corporation violating any provisions or terms of this article shall be subject to the same penalty as provided for in the city, as heretofore amended and upon conviction shall be punished by a fine not exceeding $500.00, except that a fine not exceeding $2,000.00 shall be imposed for violation of provisions of this article that govern fire safety, zoning, or public health and sanitation, including dumping of refuse. The penalty imposed for a violation of this article shall not exceed or be less than the penalty prescribed by state law, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 2008-01, sec. 9, adopted 1/8/08)