The sale of liquor or beer shall be prohibited in all residential
areas of the city. No permit shall be issued for the sale of liquor
or beer in any residential area of the city. For the purpose of this
section, the term “residential area” shall include all
areas of the city presently zoned residential and all land hereinafter
zoned residential, provided that this section shall not apply to any
permit issued for premises zoned commercial at the time of such issuance
and subsequently rezoned residential.
(Ordinance 536-2011 adopted 10/20/11)
(a)
It
shall be unlawful for any person or entity who is engaged in the business
of selling alcoholic beverages to sell the same at a place of business
that is within:
(b)
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.
(c)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and the 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 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.
(d)
Every
applicant for an original alcoholic beverage license or permit for
a location with a door by which the public may enter the place of
business of the applicant that is within one thousand feet (1,000')
of the nearest property line of a public or private school, measured
along street lines and directly across intersections, must give written
notice of the application to officials of the public or private school
before filing the application with the city and the Texas Alcoholic
Beverage Commission. A copy of the notice must be submitted to the
city and the Texas Alcoholic Beverage Commission with the application.
This subsection does not apply to a permit or license covering a location
where minors are prohibited from entering the premises under section
109.53 of the Texas Alcohol Beverage Code.
(e)
Subsection (a)(1) does not apply to the holder of a license or permit covering a premises that is located within 300 feet of a private school if the permit holder also holds a food and beverage certificate for the covered premises or if the permit covers a premises where minors are prohibited from entering under section 109.53 of the Texas Alcohol Beverage Code.
(1)
In this section, “private school” means a private school,
including a parochial school, that offers a course of instruction
for students in one or more grades from kindergarten through grade
twelve (12) and has more than one hundred (100) students enrolled
and attending courses at a single location.
(f)
Subsection (a)(2) of this section does not apply to the holder of:
(1)
A retail on-premises consumption permit or license if less than fifty
percent (50%) of the gross receipts for the premises is from the sale
or service of alcoholic beverages;
(2)
A retail off-premises consumption permit or license if less than
fifty percent (50%) of the gross receipts for the premises, excluding
the sale of items subject to the motor fuels tax, is from the sale
or service of alcoholic beverages; or
(3)
The holder of a permit issued under chapter 27, 31 or 72 of the Texas
Alcoholic Beverage Code who is operating on the premises of a private
school or a permit covering a premises where minors are prohibited
from entering under section 109.53 of the Texas Alcoholic Beverage
Code and that is located within one thousand feet (1000') of a private
school.
(g)
To the extent applicable under section 109.331 of the Texas Alcoholic Beverage Code, the provisions of subsection (a)(1) relating to a public school also apply to a daycare center and child-care facility as those terms are defined in section 42.002 of the Texas Human Resources Code.
(h)
As
authorized by section 109.36 of the Texas Alcoholic Beverage Code,
the city council may allow a variance to this article if it determines
that the enforcement of the regulations in a particular instance is
not in the best interest of the public, constitutes waste or inefficient
use of land and resources, creates an undue hardship on the applicant
for a license or permit, does not serve its intended purpose, is not
effective or necessary, or for any other reason the city council 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.
(1)
No variance may be granted hereunder except after a public hearing
for which notice has been given to owners of real property within
three hundred feet (300') of the location of the place of business
seeking a variance.
(2)
The notice must be provided, not less 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.
(Ordinance 536-2011 adopted 10/20/11)
(a)
No
person shall sell alcoholic beverages in the city unless a permit
or license authorizing such sale is first issued by the Texas Alcoholic
Beverage Commission and remains in effect.
(b)
No
permit or license shall be issued except in conformance with all state
and city regulations.
(c)
A fee for each issued permit or license to sell alcoholic beverages, the amount of which shall equal one-half the state fee excluding surcharges collected under section 5.56 of the Texas Alcohol and Beverage Code, is established in the fee schedule in appendix A of this code. The permit or license fee shall be collected by the city when the permit or license is issued.
(Ordinance 536-2011 adopted 10/20/11)
If the sale of alcoholic beverages, wine or beer for off-premises
consumption is permitted by the code, the hours permitted for the
sale of alcoholic beverages, wine or beer shall be governed by sections
105.04 and 105.05 of the Texas Alcoholic Beverage Code, as now written
or hereafter amended.
(Ordinance 536-2011 adopted 10/20/11)
(a)
A
person or entity engaged in the sale of mixed beverages in a restaurant
under a food and beverage certificate shall, on an annual basis, on
a day coinciding with the date that such information is furnished
to the state, file with the city secretary an affidavit showing the
gross receipts and sales of the business. The affidavit shall contain
a statement reflecting the gross receipts attributable to the premises
and the gross receipts attributable to the sale of alcoholic beverages.
(b)
The
food and beverage certificate holder shall also file with the city
secretary, on an annual basis, on a date coinciding with the date
such information is furnished to the state, the gross receipts and
figures furnished to the state for sales tax and alcoholic beverage
tax purposes. This provision applies to restaurants, cafes, cafeterias
or eating establishments and to a permittee of a federal or state
agency.
(c)
The
food and beverage certificate holder shall also furnish receipts from
suppliers upon request of the city secretary. Such receipts shall
reflect current operations and operations for the previous twelve
(12) months.
(Ordinance 536-2011 adopted 10/20/11)
