No person shall sell alcoholic beverages within the city without
first paying the appropriate fee to the city clerk and obtaining a
city permit to sell alcoholic beverages at a specific location. The
fee for a permit to sell alcoholic beverages shall be equal to one-half
of the fee charged by the Texas Alcoholic Beverage Commission for
each license the permit applicant is required to obtain from that
agency, except when said fee is waived according to the provisions
of the Texas Alcoholic Beverage Code. Following payment of the fee
and approval of the permit application, as set forth herein, the city
clerk shall issue a permit for that location for a period of two years.
(Ordinance 2018-05, sec. 7, adopted 4/3/18)
Prior to issuing a city permit to the applicant for the proposed
location, the city clerk shall certify whether the location is located
in an area that is wet and that the sale of alcoholic beverages at
this location is not prohibited by charter or ordinance. The city
clerk shall keep a record of all permits and certificates issued under
this chapter.
(Ordinance 2018-05, sec. 7, adopted 4/3/18)
(a)
Day-care center and child-care facility.
Private school.
For
the purpose of this article:
Have the meanings assigned by section 42.002 of the Texas
Human Resources Code.
Have the meaning assigned by section 109.33(1) of the Texas
Alcoholic Beverage Code.
(b)
The
sale of alcoholic beverages within the city is prohibited by a dealer
whose place of business is within 300 feet of a church, public or
private school, day-care center, child-care facility, or public hospital.
(c)
The
measurement of the distance between the place of business where alcoholic
beverages are to be 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 to be sold and a public school, private school, day-care center,
or child-care facility shall be 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.
(d)
The
city council may allow variances to the distance requirements if the
city council determines that enforcement of the regulation 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, 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.
(e)
This
section does not apply to those permit holders expressly exempted
by sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code.
(Ordinance 2012-26 adopted 10/30/12)
The sale of beer, for on-premises consumption and otherwise,
shall be prohibited in areas of the city zoned for residential use.
(Ordinance 2012-26 adopted 10/30/12)
(a)
The
holder of a mixed beverage late hours permit issued by the state may
offer mixed beverages for sale in the corporate city limits of the
city on Sunday between the hours of 1:00 a.m. and 2:00 a.m. and on
any other day between the hours of 12:00 a.m. and 2:00 a.m. in accordance
with the state alcoholic beverage code.
(b)
The
holder of a retail dealer’s on-premises late hours license may
sell beer for consumption on the premises on Sunday between the hours
of 1:00 a.m. and 2:00 a.m. and on any other day between the hours
of 12:00 p.m. and 2:00 a.m.
(Ordinance 2015-15, sec. II, adopted 12/15/15)
