It is the purpose of this article to provide regulations for the sale, consumption and use of alcoholic beverages in the city consistent with state law, to prevent nuisances, and to protect the health, safety and welfare of the general public.
(Ordinance 090914-3, sec. 2, adopted 9/14/09)
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 of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
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.
Child care facility.
A facility operating as a child care center under the city’s zoning ordinance, and that is licensed, certified, or registered by the state to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
Commission.
The state alcoholic beverage commission.
Day care center.
A child care facility operating under the city’s zoning ordinance, and that provides care for more than twelve (12) children under fourteen (14) years of age for less than twenty-four (24) hours a day.
Dealer.
Has the meaning as used in V.T.C.A, Alcoholic Beverage Code, section 109.33.
Open container.
A container that is no longer sealed.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
Private school.
A private school, including a parochial school, that:
(1) 
Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(2) 
Has more than 100 students enrolled and attending courses at a single location.
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.
Wine cooler.
An alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have an alcohol content as low as one-half of one percent by volume.
(Ordinance 090914-3, sec. 3, adopted 9/14/09)
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and shall upon final conviction thereof be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each and every day any such violation shall occur or continue shall constitute a separate violation hereunder.
(Ordinance 090914-3, sec. 14, adopted 9/14/09)
The city council may allow a variance to section 4.02.010 if the city council determines that the enforcement of the regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land and other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council determines, after consideration of the health, safety and welfare of the public and the equities of such regulation, that the variance is in the best interest of the community. No variance may be granted hereunder except after a public hearing for which notice [must be given] to owners of real property within three hundred (300) feet of the location of said business seeking a variance. Such notice must be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered said property for city taxes as the ownership appears on the last approved city tax roll.
(Ordinance 090914-3, sec. 13, adopted 9/14/09)
A fee in the amount established by city council is hereby imposed upon each application for a permit to sell off-premises beer and wine. This fee shall be collected when the application for such permit is requested. Permits shall be available during regular business hours from the city secretary. Such permit must be presented to the city secretary for certification that such permit is in compliance with all city ordinances.
(Ordinance 090914-3, sec. 4, adopted 9/14/09)
The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer’s permit or a wine and beer retailers off-premises permit are pursuant to V.T.C.A. Alcoholic Beverage Code, section 105.04, as amended, including the extended hours provisions of V.T.C.A., Alcoholic Beverage Code, section 105.05.
(Ordinance 090914-3, sec. 5, adopted 9/14/09)
(a) 
All persons who own or operate a business that sells and/or delivers alcoholic beverages in the city shall, on a monthly basis, on a date coinciding with the date that the same information is furnished to the commission, file with the city secretary an affidavit reflecting gross receipts and sales of the business. The affidavit shall contain a statement reflecting the gross sales attributable to food and gross sales attributable to off-premises beer and wine sales.
(b) 
The affidavit required by this section shall be accompanied by a letter signed by a certified public accountant licensed to practice in the state. The letter shall state that the accountant has reviewed the affidavit and that the affidavit is accurate based on the data provided to the accountant by the owner or operator of the business. The letter shall contain the address, telephone number and license number of the certified public accountant.
(Ordinance 090914-3, sec. 6, adopted 9/14/09)
All persons who own or operate a business that sells and/or delivers alcoholic beverages in the city shall file with the city secretary, on a monthly basis, on a date coinciding with the date that such information is furnished to the commission, the gross receipts and figures furnished to the state for sales tax and beer and wine tax purposes. This section applies to any business permitted to sell off-premises beer and wine.
(Ordinance 090914-3, sec. 7, adopted 9/14/09)
All persons who own or operate a business that sells and/or delivers alcoholic beverages in the city shall furnish receipts from suppliers upon request of the city secretary. Such receipts shall, upon request of the city secretary, reflect current sales and operations for up to the previous twelve (12) months from the date of request.
(Ordinance 090914-3, sec. 8, adopted 9/14/09)
(a) 
It shall be unlawful for any dealer to sell alcoholic beverages from or at a place of business within the city within 300 feet of a church, public or private school, or public hospital.
(b) 
This section 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 V.T.C.A, Alcoholic Beverage Code, section 109.53, and that is located within 300 feet of a private school.
(c) 
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.
(d) 
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 multi-story 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.
(Ordinance 090914-3, sec. 9, adopted 9/14/09)
(a) 
It shall be unlawful for any holder of a wine and beer retailer’s permit, mixed beverage permit, private club registration permit, retail dealer’s on-premises license, or brewpub license who does not hold a food and beverage certificate to sell alcoholic beverages from or at a place of business within this city within 300 feet of a day care center or child care facility.
(b) 
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 multi-story 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 multi-story building.
(c) 
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 V.T.C.A., Human Resources Code, section 42.002.
(d) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the day care center or child care facility shall be:
(1) 
In a direct line from the property line of the day care center or child care facility 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 multi-story building, in a direct line from the property line of the day care center or child care facility 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.
(Ordinance 090914-3, sec. 10, adopted 9/14/09)
It shall be unlawful for any person or dealer to sell beer in residential areas within the city.
(Ordinance 090914-3, sec. 11, adopted 9/14/09)