For the purposes of this article, all definitions of words, terms, and phrases as set forth in V.T.C.A., Alcoholic Beverage Code section 1.04 are hereby adopted and made a part of this article.
(Ordinance 983, sec. 5-1, adopted 3/15/04; 2008 Code, sec. 10-1)
Any person found to be in violation of the terms contained in this article shall be guilty of a class C misdemeanor and subject to a fine not to exceed that provided in V.T.C.A., Local Government Code section 54.001 et seq., unless otherwise provided by law.
(Ordinance 983, sec. 5-8, adopted 3/15/04; 2008 Code, sec. 10-8)
Except when state law allows local discretion, as may be otherwise provided herein, it is the intent of the city that local regulation of alcoholic beverage sales be governed by the provisions of V.T.C.A., Alcoholic Beverage Code section 1.01 et seq.
(Ordinance 983, sec. 5-2, adopted 3/15/04; 2008 Code, sec. 10-2)
(a) 
No person shall manufacture, sell, distribute, or store any intoxicating liquor, malt liquor or other alcoholic beverage, or engage in any other activity with relation to any intoxicating liquor, malt liquor or other alcoholic beverages, for which a state license is required by the state Alcoholic Beverage Code, within the city, without first obtaining a license so to do from the city. The fee for such license shall be established from time to time by resolution of the city commission in an amount not to exceed one-half the license fee charged by the state under the state Alcoholic Beverage Code.
(b) 
No permit required under the terms of this article shall be issued to any person until he shows that he holds a state permit for the particular phase of the alcoholic beverage business in which he desires to engage in the city and until the fee required by the city for such permit has been paid to the city.
(c) 
All permits issued under the terms of this article shall expire at the time shown in the state permit presented by the applicant. If the permit sought is issued for a period of time less than one year, only a proportionate part of the annual fee shall be exacted and collected; provided, however, a fractional part of any month shall be counted as one month in calculating the fee which is to be paid.
(Ordinance 983, sec. 5-3, adopted 3/15/04; 2008 Code, sec. 10-3)
(a) 
The provisions of this section are authorized under V.T.C.A., Alcoholic Beverage Code section 109.33.
(b) 
It shall be unlawful for any person to sell or engage in the business of selling alcoholic beverages within the city where the place of business of such person is situated within 300 feet of any church, school, or other educational institution or public hospital.
(c) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the 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 the 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.
(d) 
As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a) of this section, the measurement of the distance between the place of business of the dealer and a public school 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) 
The city commission may also allow variances to the regulation under subsection (a) of this section if the city commission determines that enforcement of that regulation 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 license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the city commission, 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 community.
(Ordinance 983, sec. 5-4, adopted 3/15/04; 2008 Code, sec. 10-4)
(a) 
A person may sell, offer for sale, or deliver malt beverages only at a time permitted by this section.
(b) 
A person may sell, offer for sale, or deliver malt beverages between 7:00 a.m. and midnight on any day except Sunday. On Sunday, a person may sell malt beverages between midnight and 1:00 a.m. and between noon and midnight, except that:
(1) 
Permittees or licensees authorized to sell for on-premises consumption may sell malt beverages between 10:00 a.m. and noon if the malt beverages are served to a customer during the service of food to the customer; and
(2) 
Holders of a retail dealer’s on-premises license or a retail dealer’s off-premises license may also sell malt beverages for off-premises consumption between 10:00 a.m. and noon.
(Ordinance 983, sec. 5-5, adopted 3/15/04; 2008 Code, sec. 10-5; Ordinance 1205 adopted 1/4/22)
(a) 
No person may sell or offer for sale any mixed beverage on Sunday between the hours of 1:00 a.m. and 2:00 a.m. or on any other day between the hours of 12:00 midnight and 2:00 a.m. unless he holds a mixed beverage extended hours permit issued by the city.
(b) 
A private club holding a mixed beverage extended hours permit may not sell or offer for sale mixed beverages on the club premises on Sunday at any time between the hours of 2:00 a.m. and 12:00 noon, or on any other day other than Sunday at any time between the hours of 2:00 a.m. and 7:00 a.m.
(c) 
The fee for the city mixed beverage extended hours permit shall be established from time to time by resolution of the city commission in an amount not to exceed one-half the permit fee charged by the state under the state Alcoholic Beverage Code.
(Ordinance 983, sec. 5-6, adopted 3/15/04; 2008 Code, sec. 10-6)