The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:
Alcoholic beverage.
Any liquid or beverage for human consumption containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Ale.
A malt beverage containing more than four percent of alcohol by weight.
Beer.
A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.
Malt liquor.
A malt beverage containing more than four percent of alcohol by weight.
Mixed beverage.
One or more servings of a beverage composed in whole or in part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Off-premises.
Locations other than those described in the definition of “premises” in this section.
Premises.
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
Private club.
A club which is an association of persons that holds a private club registration permit allowing alcoholic beverages to be served for on-premises consumption to members of the club and their guests as authorized by the alcoholic beverage commission under the provisions of the Alcoholic Beverage Code of the state. Such alcoholic beverages can either be:
(1) 
Stored, possessed and mixed on the club premises; or
(2) 
Served for on-premises consumption only to members of the club and their families and guests, by the drink or in sealed, unsealed or broken containers of any legal size.
Residential area.
(1) 
An area designated as a residential zoning district by a governing ordinance or code;
(2) 
An area in which the actual land use is predominantly one of private residences;
(3) 
A subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least seventy-five percent (75%) of the front footage along the block face; and/or
(4) 
A subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use.
Wine and vinous liquor.
The product (or libation) obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries or honey, and includes wine coolers.
(2003 Code, sec. 4.1001)
A person, firm, corporation or association of persons subject to the licensing or reporting provisions of this article who sells an alcoholic beverage without having first obtained and maintained in effect a city permit and a TABC permit at all such times, paid the fee(s) herein levied, and/or timely filed a true and correct report required by the city commits a class C misdemeanor punishable by a fine of not less than $10.00 nor more than $200.00. In addition, the city secretary shall report such failure to pay to the state alcoholic beverage commission.
(2003 Code, sec. 4.1008)
The hours of sales of alcoholic beverages in the city shall comply with state law provisions regarding the hours of sales of alcoholic beverages for the permit issued by the state.
(2003 Code, sec. 4.1005)
(a) 
Sale for off-premises consumption near church, school or hospital.
The sale of alcoholic beverages for off-premises consumption is not permitted within three hundred feet (300') of:
(1) 
A church, public school, or public hospital; or
(2) 
A private school that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and which has more than one hundred (100) students enrolled and attending courses at the location in question.
(b) 
Sale for on-premises consumption near church, school or hospital.
The sale of alcoholic beverages for on-premises consumption is not permitted within three hundred feet (300') of:
(1) 
A church, public school, or public hospital; or
(2) 
A private school that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and which has more than one hundred (100) students enrolled and attending courses at the location in question.
(c) 
Sale near day care center or child care facility.
The sale of alcoholic beverages is not permitted within three hundred feet (300') of a “day care center” or a “child care facility” as those terms are defined by section 42.002 of the Texas Human Resources Code. This provision only applies to a place of business selling alcoholic beverages pursuant to a permit issued by the TABC under chapter 25, 28, 32, 69 or 74 of the Texas Alcoholic Beverage Code, and which does not also hold a food and beverage certificate from the TABC.
(d) 
Measurement of distance from church or 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.
(e) 
Measurement of distance from school.
The measurement of the distance between a place of business where alcoholic beverages are sold and a public or private school shall be:
(1) 
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; or
(2) 
If the place of business is located on or above the fifth story of a multi-story building, 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, and vertically up the building at the property line to the base of the floor on which the place of business is located.
(f) 
Measurement of distance from day care center or child care facility.
The measurement of the distance between the place of business where alcoholic beverages are sold and a day care center or a child care facility shall be calculated in the same manner as used for a public or private school, with the following exceptions (in which event the place of business in question is exempted from the distance requirements):
(1) 
The place of business selling alcoholic beverages and the day care center or child care facility are located on different stories of a multi-story building; or
(2) 
The place of business selling alcoholic beverages and the day care center or child care facility are located in separate buildings and either the place of business selling alcoholic beverages or the day care center or child care facility is located on the second story or higher of a multi-story building.
(g) 
Variances.
(1) 
The city council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary; if it determines that a previous permit was issued for the premises in error and enforcement of the regulation would be inequitable; or for any other reason, if it determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community.
(2) 
No variance may be granted under this subsection except after a public hearing for which notice has been given. Notice of a request for a variance from the distance requirements of this section shall be given to owners of property within three hundred feet (300') of the place of business, as described hereinbelow. The notice area for a variance request relating to a church or public hospital shall be measured in a direct line from the front door of the place of business. The notice area for a variance request relating to a public or private school shall be measured in a direct line from the property line of the place of business. The notice shall be sent via regular United States mail no fewer than ten (10) days before the date set for hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll.
(3) 
The city council may assess a reasonable fee for the administrative costs associated with processing a variance request under this subsection.
(4) 
The city manager or his designee shall have the authority to approve a variance within this section and shall be exempt from the notice and public hearings requirements for a special event to be held in the downtown area of the city.
(h) 
Sale in residential area prohibited.
The sale of alcoholic beverages for off-premises and/or on-premises consumption is not permitted in a residential area.
(2003 Code, sec. 4.1006; Ordinance 19-24, sec. 3, adopted 6/4/19)
(a) 
The owner, operator or person in control of an establishment licensed by the state for on-premises alcoholic beverage consumption, which is located in a zoning district in which bars are not permitted, may be required to file with the city manager’s office an affidavit on a form provided by the city manager. The affidavit shall reflect gross sales for the preceding twelve-month period (or for the period since the restaurant or private club began its operation, whichever time period is shorter), and each affidavit shall show gross sales of food and gross sales of alcoholic beverages, as those terms are defined in the zoning ordinance, as separate figures.
(b) 
The person operating an establishment subject to the reporting requirements of this section may be required to file with the city manager’s office a copy of the filings supplied to the state for sales tax and a copy of any tax return required by the Texas Alcoholic Beverage Code.
(c) 
Submission of the aforementioned data shall not constitute a waiver of any claim of confidentiality regarding public access to the information.
(d) 
The person operating an establishment subject to the reporting requirements of this section shall permit the city manager or his designee to view and copy the books, records and receipts relative to sale of food and alcoholic beverages at any time after four (4) hours’ notice, and such permission shall not be construed to constitute a waiver of any claim of confidentiality the operator may have.
(e) 
No person shall fail to keep a record in the manner required by this section, fail to file any return in the manner required by this section, keep a false record, or file a false return.
(2003 Code, sec. 4.1007)
All private clubs holding a private club registration permit shall provide and make available to club members and their guests regular food service, which is to be served on the premises. In order to adequately determine whether such food service is being provided for regularly, at least one third (1/3) of the total food and beverage gross sales must be in food sales. Each private club shall keep and maintain such records of food and beverage sales, which shall be subject to inspection by the city upon request.
(2003 Code, sec. 4.1009)
Notwithstanding any provision(s) to the contrary contained in the city sign code, section 48 of the zoning ordinance, as it may be amended from time to time, there shall be no exterior signs and/or outdoor signs advertising the sale of alcoholic beverages. This provision does not prohibit using established trademark names (e.g., Steak & Ale) in conjunction with signage that otherwise complies with the city sign code.
(Ordinance 12-02, sec. 4, adopted 1/17/12)
(a) 
It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or mixed beverages within the city unless such person has obtained a city permit from the office of the city secretary.
(b) 
Any person wishing to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or mixed beverages must complete a city permit application and pay the application fee as set forth in section 4.02.042.
(c) 
The city secretary shall submit each application to the appropriate city departments, as determined by the city manager, to ensure that the application complies with all city ordinances and regulations, including this section.
(d) 
Upon investigation and determination of compliance with all applicable ordinances and payment of the initial permit fee as set forth in section 4.02.042, the city secretary shall issue to the applicant the proper license, which shall state on its face the location, the type of business for which it is issued, and the date when it will expire. The license shall be posted in a prominent place, visible to the customers of the establishment.
(e) 
Applications and permits shall be kept on file in the city secretary’s office.
(2003 Code, sec. 4.1002)
(a) 
Application fee.
An application fee as determined from time to time by the city council shall be charged by the city secretary for accepting any permit application or permit renewal application. No permit application or permit renewal application may be accepted unless accompanied by the application fee. The city initial permit, if granted, will be valid for a period of two years from the date of its issuance.
(b) 
Initial permit fee.
The city initial permit fee amount shall be equal to one-half the state fee amount required by the state alcoholic beverage commission (TABC) of every person who may be issued any state permit or license for the manufacture, distilling, brewing, importing, transporting, storing for purposes of sale, distributing or sale of any beer, wine or mixed beverage, unless a different fee amount is allowed or required by state law, which amount shall then be multiplied by the number of years of duration of the initial city permit to arrive at the total amount of the city initial permit fee. In no event shall the fee amount exceed the maximum amount permitted by the legislature of the state. No city permit may be issued unless the initial permit fee is received.
(c) 
Receipt; records.
The city secretary shall issue a receipt for payment of the application fee and initial permit fee and keep a record of the same in the city secretary’s office.
(2003 Code, sec. 4.1003; Ordinance 12-02, sec. 2, adopted 1/17/12)
(a) 
Term of permit; renewal.
All permits shall be renewed biennially. All permits shall terminate at midnight on the day before the second anniversary date of their issuance and no permit shall be issued covering a term longer than two years.
(b) 
Renewal fee.
The city shall require payment of a biennial permit renewal fee by all establishments selling alcoholic beverages within the city. The permit renewal fee amount shall be equal to one-half of the state fee amount required by the TABC of every person who may be issued any state permit or license for the manufacture, distilling, brewing, importing, transporting, storing for purposes of sale, distributing or sale of any beer, wine or mixed beverage, unless a different fee amount is allowed or required by state law. In no event shall the fee amount exceed the maximum amount permitted by the legislature of the state, which amount shall then be multiplied by the number of years of duration of the renewal city permit to arrive at the total amount of the city renewal permit fee. In no event shall the renewal fee amount exceed the maximum amount permitted by the legislature of the state. No city renewal permit may be issued unless the renewal permit fee is received.
(c) 
Cancellation of permit for failure to pay fee.
The city secretary may cancel a permit if a permittee fails to pay the permit renewal fee. The city secretary shall send notice of such cancellation to the address on file with the permit application.
(d) 
Penalty for failure to pay fee.
A permittee who sells an alcoholic beverage without first having paid the permit renewal fee under this section commits a class C misdemeanor punishable by a fine of up to $200.00.
(2003 Code, sec. 4.1004; Ordinance 12-02, sec. 3, adopted 1/17/12)