The “alcoholic beverages” as used in this article have the same meanings as the definitions provided in the Texas Alcoholic Beverage Code.
(Ordinance 2007-21, sec. 1, adopted 12/20/08)
It shall be unlawful for any person to manufacture or brew alcoholic beverages for the purpose of sale, or to import into this city, or to distribute, or to sell, any alcoholic beverages for the purpose of sale within this city without having first obtained the appropriate state or county license pursuant to the provisions of the Texas Alcoholic Beverage Code, and from the city secretary as herein provided. Said licenses shall at all times be displayed in some conspicuous place within the licensed place of business.
(Ordinance 2007-21, sec. 2, adopted 12/20/08)
(a) 
The city secretary is authorized to collect a license fee as annually set by the city council for each license issued for the sale and/or consumption of alcoholic beverages within the city.
(b) 
Pursuant to the authority granted to cities in V.T.C.A., Alcoholic Beverage Code 61.36(c), there are hereby prescribed and levied annual license fees equal to one-half of the state fee on premises located within the city holding licenses issued under the provisions of the state Alcoholic Beverage Code. This section applies to all licenses which can be issued under the state Alcoholic Beverage Code.
(Ordinance 2007-21, sec. 3, adopted 12/20/08)
No license authorizing the sale of any alcoholic beverage shall be issued to any dealer where the place of business of any such dealer is within the corporate limits of the city and is within three hundred feet (300') of any tax-supported elementary or secondary public school, church or hospital. Measurements shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections where they occur. Provided that this section shall not apply to any dealer whose place of business is within three hundred feet (300') of any tax-supported elementary or secondary public school, church or hospital as of the date of the adoption of this article, or to any of their successors. This section shall be construed to exclude from the area all new beer and alcoholic beverages business locations to continue operation, even under different management and ownership.
(Ordinance 2007-21, sec. 4, adopted 12/20/08; Ordinance adopting Code)
Any license issued under the terms of this article shall be for one year and shall be nontransferable; provided that, if the city license of any dealer who is engaged in the sale of beer and of other alcoholic beverages at the time of the adoption of this article does not expire on the same day as the state and county period as to make the city license terminate on the same day as the state and county licenses, in this event only the proportionate part of the fee levied for such license shall be collected. The fractional part of any month remaining shall be counted as one month in calculation of the fee that shall be due.
(Ordinance 2007-21, sec. 5, adopted 12/20/08)
(a) 
On-premises sale for on-premises consumption of beer and wine.
The hours of sale listed below apply to the on-premises sale for on-premises consumption of beer and wine only.
(1) 
Regular hours.
The holder of a retail dealer’s on-premises late hours license may sell, offer for sale, or deliver beer and wine between 7 a.m. and midnight on any day except Sunday. On Sunday the licensee may sell beer and wine between midnight and 1:00 a.m. and between noon and midnight, except that licensees authorized to sell for on-premises consumption may sell beer and wine between 10:00 a.m. and noon if the beer and wine is served to a customer during the service of food to the customer.
(2) 
Extended hours.
The holder of a retail dealer’s on-premises late-hours license may also, upon petition and specific approval of the city council, sell, offer for sale, and deliver beer and wine between midnight and 2 a.m. on any day.
(b) 
On-premises sale for off-premises consumption of alcoholic beverages.
The hours of sale for on-premises sale for off-premises consumption of alcoholic beverages shall be as defined in the Texas Alcoholic Beverage Code.
(c) 
On-premises sale for on-premises consumption of mixed beverages in restaurants.
The hours of sale listed below apply to the on-premises sale for on-premises consumption of mixed beverages in restaurants only.
(1) 
Regular hours.
The holder of a retail dealer’s license for on-premises consumption of mixed beverages in restaurants may sell, offer for sale, or deliver mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday the licensee may sell a mixed beverage between midnight and 1:00 a.m. and between noon and midnight, except that licensees authorized to sell for on-premises consumption may sell a mixed beverage between 10:00 a.m. and noon if the mixed beverage is served to a customer during the service of food to the customer.
(2) 
Extended hours.
The holder of a retail dealer’s license for on-premises consumption of mixed beverages in restaurants late-hours license may also, upon petition and specific approval of the city council, sell, offer for sale, and deliver mixed beverages between midnight and 2 a.m. on any day.
(Ordinance 2007-21, sec. 6, adopted 12/20/08)
For the holder of a retail dealer’s on-premises late-hours license, proof of the consumption of alcoholic beverages between the hours of two-fifteen o’clock (2:15) a.m. and twelve o’clock (12:00) p.m. following on Sundays or between the hours of two o’clock (2:00) a.m. and seven o’clock (7:00) a.m. following on any other day of the week in the sale of alcoholic beverages in the city shall be prima facie evidence that alcoholic beverages have been sold by such person in violation of this article.
(Ordinance 2007-21, sec. 7, adopted 12/20/08)
The city council is hereby authorized and empowered to revoke the license of any person engaged in the business or occupation of selling, distributing or disposing of alcoholic beverages after giving such person ten (10) days’ notice of a hearing and after holding such hearing for the purpose of determining whether or not such license should be revoked; provided, however, that such power of revocation shall be exercised under the following conditions:
(1) 
When disorderly or immoral practices are permitted on the premises.
(2) 
Where such person sells or offers for sale any beer in violation of the terms of this article or of the Texas Alcoholic Beverage Code, or consumes or permits any other person to consume beer on the premises in violation of the terms of this article or of the Texas Alcoholic Beverage Code.
(Ordinance 2007-21, sec. 8, adopted 12/20/08)
The city does hereby levy alcoholic beverage permit fees. The fee schedule shall be set by the city council yearly.
(1996 Code, sec. 3-1)
(a) 
For the purpose of this section, the term “alcoholic beverage” shall be construed to mean and include any liquid intended for human consumption containing more than 0.5% by volume of alcohol.
(b) 
It shall be unlawful to sell or offer for sale any alcoholic beverage by any dealer where the place of business of such dealer is within 300 feet of any church, public school or public hospital. The measurement of distance shall be along the property line of the street fronts and from front door to front door and in a direct line across intersections where they occur.
(c) 
The provisions of this section shall not be construed to prevent the sale by a licensed pharmacist of any alcoholic beverage on the prescription of a licensed physician for medical treatment.
(d) 
Any person who shall violate the provisions of this section, upon conviction, shall be punished as provided for in section 1.01.009.
(e) 
A petitioner may request a variance of these regulations, subsection (b) above. At such time the council will conduct a public hearing with any affected church, school, and/or public hospital being duly noticed of said hearing. The council may grant or deny the variance based upon the testimony received.
(1996 Code, sec. 3-2; Ordinance 2012-02 adopted 4/19/12)