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:
An establishment providing dining facilities as well as alcoholic beverage service to an association of persons, which establishment otherwise falls within the definition of private club given in, and is permitted by, the applicable provisions of V.T.C.A., Alcoholic Beverage Code, section 32.01 et seq., as it may be hereafter amended and as it pertains to the operation of private club.
(Ordinance 86-2, sec. 3, adopted 3/10/86; 2007 Code, sec. 10-19)
Any person who shall desire to create a private club as defined in this article and the Texas Alcoholic Beverage Code shall obtain a special use permit in accordance with the city’s comprehensive zoning ordinance, chapter 14, exhibit A of this code, and any amendments thereto.
(Ordinance 86-2, sec. 1, adopted 3/10/86; 2007 Code, sec. 10-20)
The following conditions shall apply to the issuance of any special use permit for or in connection with a private club:
(1)
Any private club must be located not less than 1,000 feet from the property lines of any existing church, school or hospital site.
(2)
Any private club must have a minimum seating capacity of 100 seats in the dining area, with at least 14 square feet per dining chair, excluding kitchen and storage areas. The floor areas of the restaurant need not be contiguous as long as all the floor area within the private club is situated within the same building.
(3)
Any private club shall have no exterior entrance to the bar area except emergency fire exits if required.
(4)
Any private club shall have no exterior signs advertising the sale of alcoholic beverages; provided that this subsection shall not prohibit the use of an established trademark name.
(5)
Alcoholic beverages shall not be offered at any private club at a price that is reduced from the price customarily charged for such beverages during a specified period of time for promotional purposes, sometimes referred to as “Happy Hour,” whether accomplished by reducing the price of an alcoholic beverage, offering more than one such beverage for the price of one beverage or selling more than the customary and usual quantity per beverage at the same price.
(6)
Revenues from the sale of alcoholic beverages shall not exceed 40 percent of the gross revenues derived from the sale of food and beverages. The city shall be provided with copies of the reports submitted by the establishment to the state alcoholic beverage commission within 30 days of the end of each quarter. Combined sales as reflected on these reports for the two last reported quarters shall be used to determine if the sale of alcohol exceeds the maximum allowed percentage specified in this article.
(7)
No gaming devices, such as billiard tables, pinball machines, and other coin-operated game machines shall be permitted inside the private club except that these devices may be permitted in hotels so long as they are not located in the area in which alcoholic beverages are sold.
(Ordinance 86-2, sec. 2, adopted 3/10/86; 2007 Code, sec. 10-21)