ARTICLE 5.02 ALCOHOLIC BEVERAGES

Violations.

A person shall be deemed guilty of a misdemeanor if he or she:

(1)

Fails to procure [pay] a permit or license fee prescribed in this article;

(2)

Fails to procure a permit or license as required herein before engaging in any business for which the payment of a local fee and the securing of a permit or license is required by the terms hereof;

(3)

Engages in any such business without holding an unexpired and unrevoked permit or license from the city: or

(4)

Violates any of the other provisions of this article.

Penalty.

Upon conviction of a misdemeanor as set forth in subsection (a), the person shall be punished as provided for in section 1.01.009.

§ 5.02.003 State and city permits required; fee; expiration.

Revocation of permit or license.

In addition to other penalties imposed pursuant to provisions of this code, the city permit or license, upon conviction of the holder, shall be revoked by the judge of the municipal court, or by the city council, or by a court of competent jurisdiction.

(Ordinance 93-563 adopted 9/14/93; 1994 Code, sec. 111.99)

Any person engaged in any activity pursuant to which the TABC requires a permit shall obtain from the city a permit of the character and type described in and required by the section of the TABC relating to the specific activity in which that person is engaged. The limitations on activities authorized by the local permit shall be identical to those enumerated in the TABC section addressing the particular activity in which the state permittee is engaged.

The proper officer for the city shall issue any permit required under the terms of this article to an applicant exhibiting a current permit duly issued by the state, identical in character and description to that permit which is sought, provided that the required local permit fee, hereinafter described, has been paid to the proper officer of the city.

§ 5.02.004 State and city licenses required; fee; expiration.

There is levied upon each person engaged in any pursuit addressed in Texas Alcoholic Beverage Code, chapters 12 through 46, those fees authorized by Texas Alcoholic Beverage Code, section 11.38(a) and not excepted by Texas Alcoholic Beverage Code, section 11.38(d), in amounts as set forth in the fee schedule in appendix A of this code and consonant with provisions found in appropriate sections of the TABC, as those sections now exist and may be from time to time altered or amended.

(d)

All permits issued under the terms of this article authorizing the manufacture, distribution, and sale of alcoholic beverages shall terminate one year from the issuance date. No permits shall be issued for a term longer than one year.

(Ordinance 93-563 adopted 9/14/93; 1994 Code, sec. 111.02; Ordinance adopting 2021 Code)

Any person engaged in any activity pursuant to which the TABC requires a license shall obtain from the city a license of the character and type described in and required by the section of the TABC relating to the specific activity in which that person is engaged. The limitations on activities authorized by such local license shall be identical to those enumerated in the TABC section addressing the particular activity in which the state licensee is engaged.

The proper officer for the city shall issue an license required under the terms of this article to an applicant exhibiting a current license duly issued by the state, identical in character and description to that license which is sought, provided that the required local license fee, hereinafter described, has been paid to the proper officer for the city.

§ 5.02.005 Compliance with zoning regulations and other ordinances.

There is levied upon each person engaged in any pursuit addressed in Texas Alcoholic Beverage Code, chapters 62 through 73 [74], those fees authorized by Texas Alcoholic Beverage Code, section 61.36, not specifically excepted elsewhere, in amounts as set forth in the fee schedule in appendix A of this code and consonant with provisions found in appropriate sections of the TABC, as those sections now exist and may be from time to time be altered or amended.

(d)

All licenses issued under the terms of this article authorizing the manufacture, distribution, and sale of alcoholic beverages shall terminate one year from the issuance date. No license shall be issued for a term longer than one year.

(Ordinance 93-563 adopted 9/14/93; 1994 Code, sec. 111.03; Ordinance adopted 2021)

No permit or license shall be granted under the terms of this article unless the location at which the business enterprise is sought to be established and maintained is permitted under the present or future zoning regulations or other ordinances of the city.

(Ordinance 93-563 adopted 9/14/93; 1994 Code, sec. 111.04)

§ 5.02.006 Sale near school, church, residence or public playground; measurement of distances.

It shall be unlawful for any person to sell alcoholic beverages where the place of business of that person is within 300 feet of any school, church, residence, or public playground, the measurements to 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; or where the place of business of the person is within 300 feet of any school, church, residence, or public playground, the measurements to be from the nearest property line of the school, church, residence, or public playground to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections, except that for premises where minors are prohibited from entering, the measurement of the distance 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. This section shall not apply to situations in which a school, church, residence, or public playground is voluntarily constructed and located within 300 feet, as measured above, of an existing place of business duly licensed and legally authorized to sell alcoholic beverages.

The city council is hereby empowered to allow variances to the above regulations of this section, if it determines that enforcement of the regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines that it is in the best interest of the community.