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:
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.
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.
A facility licensed, certified, or registered by the department
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.
The Code of Ordinances of the city, as amended.
A child-care facility that provides care for more than 12
children under 14 years of age for less than 24 hours a day.
The same as that term is used in V.T.C.A., Alcoholic Beverage
Code section 109.33, and shall include “person” as that
term is defined in this section.
Has the meaning described and set forth in section 5.04.005(k).
A container that is no longer sealed.
A natural person or association of natural persons, trustee,
receiver, partnership, corporation, organization, or the manager,
agent, servant, or employee of any of them.
A private school, including a parochial school that offers
a course of instruction for students in one or more grades from kindergarten
through grade 12 and has more than 100 students enrolled and attending
courses at a single location.
All references to state or local laws shall mean as such
presently exist or may subsequently be amended.
(Ordinance 2018-03-04, sec. 1, adopted 3/20/18; Ordinance 2022-06-03 adopted 6/7/22)
The storage, possession, sale or serving of alcoholic beverages by anyone for the consumption, either on or off the premises, shall be prohibited unless on land zoned specifically for that purpose with a conditional use permit, as permitted in the governing zoning district in accordance with chapter 9 (planning development regulations) of the city code, or as otherwise permitted in association with a special event permit.
(Ordinance 2022-06-03 adopted 6/7/22)
(a)
Any
person applying for a permit or license issued by authority of the
Texas Alcoholic Beverage Code or a renewal of such permit or license
or to change the location of the place of business designated in such
permit or license shall deliver to the city secretary, for filing,
one copy of the appropriate forms prescribed by the Texas Alcoholic
Beverage Commission, together with scale drawings showing the proposed
location of the applicant’s business in relation to streets,
property lines and the nearest church, public school, or public hospital.
(b)
Such
person shall also provide a statement of his name, current address,
addresses for the previous ten years, age, all other city permits
or licenses held, and the names and (a) addresses of all persons with
an interest in such business, which statement shall include an affidavit
that the information given is true and correct. The applicant shall
give permission for his fingerprints, height, weight, race, and other
description to be obtained by the police department.
(Ordinance 2018-03-04, sec. 3, adopted 3/20/18; Ordinance adopting 2018 Code; Ordinance 2022-06-03 adopted 6/7/22)
The city secretary shall review the application as submitted
by the applicant and verify zoning and approval of a conditional use
permit by the city council. If, from the city secretary’s examination,
it appears that the applicant is disqualified, or that the applicant’s
place of business is inadequate, unsafe, unsanitary or does not comply
with all the terms of this code, the Texas Alcoholic Beverage Code
and/or other applicable laws and regulations, or that any lawful reason
exists why the permit or license should not be issued, it shall be
the duty of the city secretary to not sign the Texas Alcoholic Beverage
Commission form, file objections to the issuance of the permit or
license with the Texas Alcoholic Beverage Commission or with the county
judge, and/or pursue other remedies provided by law.
(Ordinance 2022-06-03 adopted 6/7/22)
(a)
It
shall be unlawful for any business or individual to sell alcoholic
beverages unless properly authorized and licensed to do so by the
Texas Alcoholic Beverage Commission and the city.
(b)
It
shall be unlawful for any business or individual to sell alcoholic
beverages from or at a place of business within this city within 300
feet of a church, public school, private school, or public hospital.
(c)
Subsection (b) does not apply to the holder of:
(1)
A license or permit who also holds a food and beverage certificate
covering premises that is located within 300 feet of a private school;
(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; or
(3)
A license or permit who has been granted a distance modification
to this section by city council if it determines that the enforcement
of the regulation in a particular instance is not in the best interests
of the public, constitutes waste or inefficient use of land or other
resources, creates an undue hardship on the applicant for a license
or permit, does not serve its intended purpose, or 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 the situation, that the distance modification
is in the best interest of the community and still complies with any
applicable Texas Alcoholic Beverage Commission requirements.
(d)
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.
(e)
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.
(f)
It
shall be unlawful for any alcohol-related use to sell alcoholic beverages
from or at a place of business within the city limits within 300 feet
of a day-care center or child-care facility that was located in an
applicable area prior to the alcohol-related use permit.
(g)
Subsection (f) 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.
(h)
Subsection (f) 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.
(i)
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 multistory 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.
(j)
It
shall be unlawful for any business or individual to sell alcoholic
beverages in any areas within the city without approved zoning and
permits.
(k)
Distance
modification for alcohol sales:
(1)
The city council may allow a distance modification to the regulations stated in subsection (b) above if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes a 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 it, 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.
(2)
The city council may allow a distance modification to this section
for any other reason the city council determines, after consideration
of the health, safety and welfare of the public and the equities of
the situation, that the distance modification is in the best interest
of the community.
(3)
No distance modification may be granted under this subsection except
after a public hearing for which notice has been given. Notice of
a request for a distance modification to adjust the minimum distance
requirements of this section shall be given to owners of property
within 300 feet of the business. The notice area for a distance modification
request relating to a church or public hospital shall be measured
in a direct line from the front door of the place of business. The
notice area for a distance modification request relating to a public
or private school shall be measured in a direct line from the property
line of the place of business. The notice shall be sent via regular
United States mail not less than 10 days before the date set for public
hearing, to all such owners who have rendered their property for city
taxes as the ownership appears on the last approved city tax roll.
(4)
The city council may assess a reasonable fee for the administrative
costs associated with processing a distance modification request under
this subsection.
(l)
This
section does not apply to either:
(1)
A place of business where alcoholic beverages are sold located with
a postal address within the area depicted on the map indicated below
(with approved zoning):
 (Downtown Lavon)
|
(2)
Within an area for a special event sponsored or hosted by the city;
(3)
Within an area for a special event for which the city is a partner;
(4)
Within an area for a permitted use (either by right, conditional
use permit, or special use permit) whereby distances to nearby uses
and potential impacts of the alcohol-related use were considered;
or
(5)
A sale within an area owned by the city or the economic development
corporation associated with a special event or permitted use.
(Ordinance 2018-03-04, sec. 2, adopted 3/20/18; Ordinance 2022-06-03 adopted 6/7/22)
(a)
The
hours of sale and consumption shall be as required by the laws of
the state, the Texas Alcoholic Beverage Commission and by any associated
conditional use permit for an alcohol-related use.
(b)
The
holder of a retail dealer’s on-premises late hours license issued
by the state may sell and offer to sell and serve beer and wine in
a restaurant with a food and beverage certificate between the hours
of 1:00 a.m. and 2:00 a.m. on Sunday and between 12:00 p.m. and 2:00
a.m. on any other day, provided that the holder complies with the
Texas Alcoholic Beverage Code and with any standards established in
an associated conditional use permit or planned development district.
The holder of a mixed beverage late hours permit issued by the state
may sell and offer for sale mixed beverages in a restaurant with a
food and beverage certificate between the hours of midnight and 2:00
a.m. on any day, provided that the holder complies with the Texas
Alcoholic Beverage Code and with any standards established in an associated
conditional use permit or planned development district.
(Ordinance 2022-06-03 adopted 6/7/22)
(a)
Provided
all requirements of the Texas Alcoholic Beverage Commission requirements
and permits are met and approved, the city council may permit the
temporary sale of alcoholic beverages for on-premises consumption
for a time period not to exceed the length of time approved for the
event granted under the special event permit.
(b)
Temporary alcohol sales and consumption may only be granted in conjunction with a special event permit. The restrictions on alcohol sales within prescribed distances of public and private schools, churches, and public hospitals, as well as the compliance requirements with zoning provisions within chapter 9 (planning and development regulations), shall not apply to temporary alcohol sales and consumption permitted under this section.
(Ordinance 2022-06-03 adopted 6/7/22)
(a)
A
permit issued by the city is required for each location selling alcoholic
beverages within the city. Unless state law exempts a permittee or
licensee from payment of a fee established by this section, a permittee
or licensee must pay the city:
(b)
No
permittee or licensee under this article shall engage in the business
authorized by his permit or license without first having paid to the
city the permit or license fee levied by this section. It shall be
the duty of the city attorney, following approval by the city council,
to petition the Texas Alcoholic Beverage Commission to cancel the
permit or license of any permittee or licensee who engages in the
business authorized by the permit or license of such person without
first having paid the fees levied by this section.
(c)
An applicant shall pay the fees established under subsection (a) to the city no later than the 30th day after the date the applicant’s payment of a state permit or license fee is due. No refund of a fee paid to the city under the terms of this article shall be made for any reason except when the permittee or licensee is prevented from continuing in business by reason of the result of a local option election or an amendment of the zoning regulations of the city concerning the property on which the place of business is situated.
(d)
A permittee and licensee who sells an alcoholic beverage at a business location before the applicant pays the fees established by this section commits a class C misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(e)
A
separate license or permit, as required by this article, shall be
obtained for every place of business where the business of alcoholic
beverage manufacture, distribution, or sale is conducted, and fees
for each such license or permit shall be paid.
(f)
The
city secretary shall issue and deliver a receipt under this section
to the permittee or licensee authorizing the sale of alcoholic beverages
under this article and a state permit or license, if the permittee
or licensee:
(g)
Each
permit shall contain the number, name, and expiration date of the
state permit or license; the name of the permittee or licensee; the
trade name of such permittee or licensee; the address of the business;
and the date of issuance. The license or permit issued by the city
secretary under this article shall be displayed at all times in a
conspicuous place within the licensed or permitted place of business.
(h)
Prior
to issuing a city permit to applicant for the proposed location, the
city secretary 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 secretary
shall keep a record of all permits and certificates issued under this
article.
(Ordinance 2018-03-04, sec. 4, adopted 3/20/18; Ordinance 2022-06-03 adopted 6/7/22)
All persons operating establishments engaging in the sale of
alcoholic beverages within the city shall comply with the reporting
requirements of this section.
(1)
During
the first year of any license for on-premises alcoholic beverage consumption
issued to a new license-holder, the owner, operator or person in control
of an establishment licensed by the state for on-premises alcoholic
beverage consumption shall, on a quarterly basis with the quarters
ending March 31st, June 30th, September 30th and December 31st, file
with the city secretary an affidavit, on an officially approved form
provided by the city secretary, that reflects gross sales for the
preceding three months, indicating the sales of nonalcoholic items
and alcoholic beverages. The quarterly reports for the previous three-month
period shall be due on or before the 25th day of April, July, October
and January. In the event that no violation occurs during the first
year, then the business will only be required to report on an annual
basis, thereafter.
(2)
The
party shall also file on a quarterly basis, at the same time the affidavit
on sales is filed, a copy of the filing(s) supplied to the state for
sales tax and alcoholic beverage tax purposes for the previous three-month
period.
(3)
Such
affidavit and copies of filing(s) supplied to the state for sales
tax and alcoholic beverage tax purposes shall be reviewed by the city
administrator or designee for compliance with the provisions of zoning
regulations regarding the ratio of non-alcohol items to alcohol beverage
sales.
(4)
If a quarterly report submitted indicates that the filing establishment does not comply with the percentage requirements of chapter 9 (planning and development regulations), the establishment shall have until the next due date of a quarterly report to bring the establishment into compliance with city ordinances. The licensee shall be notified by certified mail by the city secretary that a violation of this section has occurred. Such notification shall specify the date by which the licensee must be in compliance with the percentage requirements. A report containing the same information as the quarterly report must be filed with the city secretary on or before the date required for compliance, as stated in the letter of notification of violation.
(5)
If
a quarterly report is not submitted to the city secretary on or before
the 25th day of April, July, October and January, the city secretary
shall notify the licensee by certified mail that a quarterly report
has not been submitted. The licensee shall have a period of 10 days
after the date of delivery marked on the certified mail return receipt
to file the quarterly report.
(6)
Failure
to file a quarterly report or failure to bring the establishment into
compliance by the next due date of a quarterly report shall constitute
a violation of this section. The city attorney shall inform the Texas
Alcoholic Beverage Commission that the establishment is no longer
in compliance with the city ordinances as previously certified to
by the city secretary and request that the Texas Alcoholic Beverage
Commission take whatever action is available under the Texas Alcoholic
Beverage Code to revoke the state license.
(7)
The
person operating an establishment subject to the reporting requirements
of this article shall permit the city administrator or her designee
to view and copy the books, records and receipts relative to sales
of non-alcohol items and alcoholic beverages at any time after 24
hours’ notice. In the any event the city administrator finds
a violation, then the business will be required to comply with quarterly
reporting as stipulated in provision (a), within this section above,
for the succeeding 12 months.
(8)
The
city shall have the right to request the establishment to provide
a prior quarter’s report in order to determine the business
has remained in compliance. In the event the establishment fails to
be in compliance then but gets back into compliance within the stated
required timeframe, the business will be subject to the quarterly
reporting requirements for another year.
(9)
No license or permit issued under this article shall be renewed for any location where the records required by this section indicate that gross receipts from non-alcohol sales are not in compliance with the percentage requirements of chapter 9 (planning and development regulations). No new license or permit shall be granted for alcoholic beverage sales, manufacturing, distribution, consumption, or other alcohol-related use (temporary, conditional, or permanent) at such location for a period of at least six months.
(Ordinance 2022-06-03 adopted 6/7/22)
(a)
Prohibited; enforcement.
(1)
It shall be unlawful for any person to consume any alcoholic beverage
on any public street or alley in the city, except during permitted
special events the city sponsors, organizes, or is a partner that
specifically allow for the specified manner of consumption.
(2)
It shall be unlawful for any person to consume any alcoholic beverage
on any public place adjacent to any street or alley in the city, except
during permitted special events the city sponsors, organizes, or is
a partner that specifically allow for the specified manner of consumption.
(3)
It shall be unlawful for any person to consume any alcoholic beverage
in a city park except during permitted special events the city sponsors,
organizes, or is a partner that specifically allow for the specified
manner of consumption.
(b)
Penalty.
Any person, firm or corporation violating any
part of this section shall be deemed guilty of a misdemeanor and,
upon conviction, shall be subject to a fine not to exceed the sum
of $500.00 for each offense.
(Ordinance 2022-06-03 adopted 6/7/22)
(a)
Prohibited; enforcement.
It shall be unlawful for any
person to possess any alcoholic beverage in any city park, except
during permitted special events sponsored and/or organized by the
city.
(b)
Penalty.
Any person, firm or corporation violating any
part of this section shall be deemed guilty of a misdemeanor and,
upon conviction, shall be subject to a fine not to exceed the sum
of $500.00 for each offense.
(Ordinance 2022-06-03 adopted 6/7/22)
