The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
shall mean any beverage containing more than one-half of
one percent of alcohol by volume which is capable of used for beverage
purposes, either alone or when diluted.
shall mean the area in downtown Eastland designated by the
city commission as the central business district. A map of the central
business district may be accessed on the city's website.
shall mean a building used for congregational public worship
or education by an entity that is recognized as a church under state
or federal law.
is any alcoholic beverage consumed or possessed in violation
of this chapter.
means a container that is no longer sealed.
(Ordinance 12-781 adopted 12/18/12; Ordinance
24-902 adopted 5/20/2024)
The sale of alcoholic beverages is prohibited within the city
subject to the laws of the state except on the premises of those entities
permitted by the Texas Alcoholic Beverage Commission (the “TABC”)
to serve and sell alcoholic beverages on the premises pursuant to
a permit issued by the TABC. Such premises within the city are exempt
from this prohibition.
(Ordinance 12-781 adopted 12/18/12)
(a)
Prohibited. The possession of an open container and the
public consumption of alcoholic beverages in the central business
district is prohibited.
(b)
Exceptions. This section does not apply to:
(1)
The
possession of an open container or the consumption of alcoholic beverages
in motor vehicles, buildings not owned or controlled by the city,
residential structures, or premises within the central business district
which are permitted or licensed by the Texas Alcoholic Beverages Commission.
(2)
Persons
attending events in the central business district which have been
approved in advance and in writing by the city manager.
(Ordinance 12-781 adopted 12/18/12; Ordinance
24-902 adopted 5/20/2024)
Any illicit beverage may be seized without warrant and be used
as evidence of a violation of law. Any person in possession thereof
or who otherwise violates any provision of this chapter may be arrested
without warrant.
(Ordinance 12-781 adopted 12/18/12)
The city, hereby, adopts V.T.C.A., Alcoholic Beverage Code sec.
109.33, and as amended in the future, to limit the sale of alcoholic
beverages near schools, churches or hospitals in the city. It shall
be unlawful to sell or engage in the business of selling alcoholic
beverages in the city within 300 feet of any church, public or private
school, public or private day care center which is licensed by the
state, or public hospital. 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 direct line across
intersections. The measurement of the distance between the place of
business where alcoholic beverages are sold and the public or private
schools shall be in a direct line from the property line of the public
school to the property line of the place of business, and in a direct
line across intersections. The city commission may grant a variance
to the distance requirements in this section upon written application
to and consideration by the city commission. Any business entity selling
or serving alcohol within the city pursuant to a TABC permit must
comply with all other city ordinances including, but not limited to,
the city zoning and buildings codes.
(Ordinance 12-781 adopted 12/18/12)
This chapter shall be construed to be consistent with the state
alcoholic beverage code and with all rules and regulations promulgated
under authority of the state alcoholic beverage code.
(Ordinance 12-781 adopted 12/18/12)
