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:
For the purpose of this article, alcoholic beverages shall
be defined by the Texas Alcoholic Code as amended.
(Ordinance 1806-08 adopted 10/7/08)
(a)
No
person may sell alcoholic beverages if the place of business is within:
(1)
Three hundred (300) feet of a church, public or private school, or
public hospital.
(2)
One thousand (1,000) feet of a public school, if the city council
by resolution, approves a request from the board of trustees of a
school district under V.T.C.A., Education Code Sec. 38.007.
(3)
One thousand (1,000) feet of a private school, if the city council
by resolution, approves a request from the governing body of the private
school.
(b)
Subsection (a)(1) does not apply to the holder of:
(1)
A license or permit issued by the Texas Alcoholic Beverage Code who
also holds a food and beverage certificate by the Texas Alcoholic
Beverage Commission covering the premises that is located within 300
feet of a private school; or
(2)
A license or permit covering a premises where minors are prohibited
from entering under V.T.C.A., Alcoholic Beverage Code Section 109.53
(unaccompanied minor in package liquor store) and that is located
within 300 feet of a private school.
(c)
(1)
A retail on-premises consumption permit or license issued by the
Texas Alcoholic Beverage Commission if less than 50% of the gross
receipts for the premises is from the sale or service of alcoholic
beverages; or
(2)
A wholesaler’s distribution’s, brewer’s, distiller’s,
and rectifier’s, winery, wine bottler’s or manufacturer’s
permit or license, or any other license or permit held by a wholesaler
or manufacturer as those words are used and understood in V.C.T.A,
Alcoholic Beverage Code, Chapter 102.
(d)
Subsection (a)(3) does not apply to the holder of:
(1)
A license or permit issued under V.T.C.A. Alcoholic Beverage Code
Chapter 27 (Temporary and Special Wine and Beer Retailer’s Permit),
V.T.C.A. Alcoholic Beverage Code Chapter 31 (Caterer’s Permit),
or V.T.C.A. Alcoholic Beverage Code Chapter 72 (Temporary Licenses)
who is operating on the premises of a private school; or
(2)
A license or permit covering a premises where minors are prohibited
from entering under V.T.C.A. Alcoholic Beverage Code Section 109.53,
and that is located within 1,000 feet of a private school.
(e)
For
the purposes of this section, “private school” means a
private school, including a parochial school that offers a course
or instruction for students in one or more grades from kindergarten
through grade 12 and has more than 100 students enrolled and attending
course at a single location.
(f)
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 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 sold,
and public or private schools shall be:
(1)
In a direct line from the property line of the public or private
school to property line of the place of business, and in a direct
line across the 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.
(g)
For
any dealer who held a license or permit from the Texas Alcoholic Beverage
Commission on September 1, 1983, the measurement of the distance between
the place of business of the dealer and a public or private school
shall be along the property lines of the street fronts and from front
door to front door, and in direct line across intersections.
(h)
Applications
of Distance Requirements.
(1)
If at the time an original alcoholic beverage permit or license is
granted by the Texas Alcoholic Beverage Commission for a premises,
the premises satisfies the requirements regarding distance from schools,
churches, and other types of premises set forth in this section, the
premises shall be deemed to satisfy the distance requirements for
all subsequent renewals of the license or permit.
(2)
On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license. This subsection does not apply to the satisfaction of the distance requirements prescribed by subsection (a)(2) for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license, this subsection does apply to the holder’s surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license, subsection (h)(1) does not apply to the satisfaction of the distance requirement prescribed by subsection (a)(2) for a public school if the holder’s permit or license has been suspended for a violation occurring after September 1, 1995, of any of the following provisions of the Texas Alcoholic Beverage Code: Sections 11.61 (b)(1), (6)-(11), (13), (14), or (20); or Section 61.71 (a)(5)-(8), (11), (12), (14), (17), (18), (22), or (24).
(Ordinance 1806-08 adopted 10/7/08)
(a)
This
section applies only to a permit or license holder under V.C.T.A Alcoholic
Beverage Code Chapter 25, 28, 32, 69, or 74, who does not have a food
and beverage certificate.
(b)
Except as provided by this section the provisions of Section 4.1602 relating to a public school also apply to the day-care center and a child-development facility as those terms are defined by V.C.T.A Human Resources Code Chapter 42.002. Sections 4.1602(a)(2) and (c) do not apply to a day-care center or child-care facility.
(c)
This
section 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.
(d)
This
section 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 Section 42.002, Human Resources Code.
(Ordinance 1806-08 adopted 10/7/08)
(a)
There
is hereby levied an annual permit fee and in the amount equal to one-half
(1/2) of the fee charged by the state for each particular permit or
license (or the maximum fee that the city is authorized by law to
charge) issued by the Texas Alcoholic Beverage Commission, except
when said fee is waived according to the provisions of the Texas Alcoholic
Beverage Code. The fee shall be paid to the city secretary at the
time of application and on the date such state permit or license is
renewed with the state thereafter. Following payment of the fee and
approval of the permit application, the city secretary shall issue
a permit for the location for a period of one year.
(b)
The
permit issued under the provisions of the state alcoholic beverage
code shall be prima facie proof of the classification of the occupation
upon which the tax is levied and shall be the sole basis of determination
of the amount of the license fee.
(Ordinance 1806-08 adopted 10/7/08)
Any person violating any provision of this article shall be subject to a fine in accordance with the general penalty provisions found in Section 1.106 of this code.
(Ordinance 1806-08 adopted 10/7/08)
