The city council is hereby authorized and directed to implement
the applicable provisions of this article upon a determination that
such implementation is necessary to protect the public welfare and
safety.
(Ordinance 2012-12-17, sec. 2012-12-17.001,
adopted 12/17/12)
For the purposes of this article, all definitions, words, terms
and phrases set forth in the TABC, as amended from time to time, are
hereby adopted and made a part hereof.
(Ordinance 2012-12-17, sec. 2012-12-17.002,
adopted 12/17/12)
The city reserves the right to punish any violations of this
article with prejudice within the limits of TABC and title 10, chapter
49 of the Texas Penal Code and any future revision thereto.
(Ordinance 2012-12-17, sec. 2012-12-17.010,
adopted 12/17/12)
(a)
Required.
(1)
It shall be unlawful for any person to manufacture, distill, brew,
sell, possess for the purpose of sale or distribute any beer, liquor,
wine or other alcoholic beverage, or otherwise engage in any activity
for which a license or permit is required by the Texas Alcoholic Beverage
Code, as amended, within the city, unless he or she has a current
and unrevoked permit issued by the city. The permit must be displayed
in a location that is conspicuous to consumers.
(2)
Only one permit is required for business establishments within the
city, regardless of the number of permits issued by the state alcoholic
beverage commission. A city permit is required in addition to temporary
permits issued by the state alcoholic beverage commission which are
valid for no more than three days.
(b)
Fees established.
(1)
Biennial permit fee.
The biennial permit fee for issuing
a license or permit to operate, conduct, and maintain a business establishment
selling alcoholic beverages in the city shall be set by the city council
from time to time as amended through minute order, in an amount not
to exceed the maximum fee per state alcoholic beverage permit, which
the city is authorized by the Texas Alcoholic Beverage Code, as amended,
to charge and collect.
(2)
Initial fee.
The initial fee shall be the maximum fee
which the city is authorized by the Texas Alcoholic Beverage Code,
as amended, to charge and collect.
(3)
Mixed beverage permit.
A mixed beverage permit is not
exempt from the payment of the fee imposed by this subsection during
the three-year period following the issuance of the permit as specified
in the Texas Alcoholic Beverage Code, as amended.
(c)
Term of permit; issuance; payment of fee.
(1)
Term of permit.
The biennial permit fee shall be collected
when the application for such permit is submitted. The biennial permit
shall be valid for two years from the date of its issuance, and, if
issued during the calendar year, the biennial permit fee shall be
collected in full without reduction. The biennial permit shall be
renewed by the applicant biennially thereafter during the time that
such applicant is engaged in the business of selling alcoholic beverages
within the city. Permit applications shall be filed with the city
secretary.
(2)
Issuance of permit.
Upon payment to the city secretary
of the applicable fee for a permit required by this article and exhibition
of a license or permit duly issued by the state alcoholic beverage
commission to the applicant or person paying such fee, the city secretary
shall, in the name of the city, issue and deliver to such applicant
or person a permit to engage in the business within the city of the
character described in and authorized by the state permit or license
held by such applicant or person. Such permit shall authorize the
conduct of such business upon the premises described in the state
license or permit and shall remain in force for the term authorized
in this section.
(Ordinance 2012-12-17, sec. 2012-12-17.003,
adopted 12/17/12)
No permit shall be granted under the terms of this article unless
the location at which the business is sought to be established and
maintained is a permitted use under the comprehensive zoning ordinance
of the city as of or after the effective date thereof.
(Ordinance 2012-12-17, sec. 2012-12-17.004,
adopted 12/17/12)
(a)
Minimum distance.
Except as otherwise specifically allowed
by the Texas Alcoholic Beverage Commission or as otherwise provided
herein, no alcoholic beverages may be sold within 300 feet of a church,
public school or private school, or public hospital. No permit or
license shall be issued to any such applicant. Measurement of such
distance shall be in accordance with the terms of this article and
the Texas Alcoholic Beverage Code, as amended.
(b)
Measurement of distance.
(1)
Church or public hospital.
The measurement of the distance
between the place of business where alcoholic beverages are sold and
a 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.
(2)
Public or private school.
The measurement of distance
between the place of business where alcoholic beverages are sold and
a public or private school 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.
(c)
Exceptions to distance requirements.
Upon receipt of
a request, the city council may consider and grant an exception to
reduce the distance requirement contained in this section if it determines
that enforcement of the distance requirements 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 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 city.
(Ordinance 2012-12-17, secs. 2012-12-17.005–2012-12-17.007,
adopted 12/17/12)
(a)
Authority.
Pursuant to authority granted by chapter
105 of the Texas Alcoholic Beverage Code, as amended, the city does
hereby adopt the extended hours prescribed for the sale or offering
for sale of any mixed beverage, beer or other alcoholic beverage by
a holder of certain types of late hours permit.
(b)
Mixed beverages.
No person shall sell, or offer for
sale, mixed beverages at any time not permitted by this subsection.
(1)
A mixed beverage permittee may sell and offer for sale mixed beverages
between 7:00 a.m. and 12:00 midnight on any day except Sunday. On
Sunday a mixed beverage permittee may sell mixed beverages between
12:00 midnight and 1:00 a.m. and between 10:00 a.m. and 12:00 midnight,
except that an alcoholic beverage served to a customer between 10:00
a.m. and 12:00 noon on Sunday must be provided during the service
of food to the customer.
(2)
The holder of a mixed beverage late hours permit may also sell and
offer for sale mixed beverages between 12:00 midnight and 2:00 a.m.
on any day.
(c)
Beer.
No person shall sell, offer for sale, or deliver
beer at any time not permitted by this subsection.
(1)
A person may sell, offer for sale, or deliver beer between 7:00 a.m.
and 12:00 midnight on any day except Sunday. On Sunday he may sell
beer between 12:00 midnight and 1:00 a.m. and between 12:00 noon and
12:00 midnight, except that permittees or licensees authorized to
sell for on-premises consumption may sell beer between 10:00 a.m.
and 12:00 noon if the beer is served to a customer during the service
of food to the customer.
(2)
A holder of a retail dealer’s on-premises late hours license
may also sell, offer for sale, and deliver beer between 12:00 a.m.
(midnight) and 2:00 a.m. on any day.
(d)
Wine and beer retailers.
The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer’s permit or a wine and beer retailer’s off-premises permit are the same as those prescribed for the sale of beer under subsection (c) above, except that no sale shall be allowed between 2:00 a.m. and 12:00 p.m. (noon) on Sunday.
(e)
Exception for festivals, fairs and concerts.
Notwithstanding
any other provision of this article or the Texas Alcoholic Beverage
Code, chapter 105, as amended, in addition to any other period during
which the sale and consumption of alcohol is authorized under this
article:
(Ordinance 2012-12-17, sec. 2012-12-17.008,
adopted 12/17/12; Ordinance adopting
Code)
