Each tavern, beer parlor or any other establishment selling beer or intoxicating beverages for consumption on the premises in the city shall be subject to the terms and provisions of this article.
(1987 Code, ch. 4, sec. 1A; 2004 Code, sec. 4.101)
Each tavern, beer parlor or establishment selling beer or intoxicating beverages for consumption on the premises shall be subject to inspection by the police department of the city or such other persons designated by the city council in order to insure that the provisions of this article are carried out.
(1987 Code, ch. 4, sec. 1B; 2004 Code, sec. 4.102)
It shall be unlawful for any person, firm or corporation to sell intoxicating beverages to a minor. Lack of knowledge on the part of the person serving beer or an intoxicating beverage to a minor that such person is, in fact, a minor shall not be a defense to any charge arising under this article.
(1987 Code, ch. 4, sec. 1C; 2004 Code, sec. 4.103)
No tavern, beer parlor or establishment serving intoxicating beverages shall remain open for business after the closing hour provided by section 4.03.006, and no beer or intoxicating beverages shall be served after such hour.
(1987 Code, ch. 4, sec. 1D; 2004 Code, sec. 4.104)
The police department of the city shall be authorized to disperse crowds in, about and around taverns, beer parlors or establishments serving intoxicating beverages after the closing hour, in order to prevent fights and other breaches of the peace.
(1987 Code, ch. 4, sec. 1E; 2004 Code, sec. 4.105)
The closing time for all taverns and places serving alcoholic beverages shall be the closing time shown upon the state license of each such tavern or place of business.
(1987 Code, ch. 4, sec. 1F; 2004 Code, sec. 4.106)
There is hereby levied a permit fee on each premises within the city for which an alcoholic beverage permit is required under the Texas Alcoholic Beverage Code. The amount of the fee shall be one-half of the state fee for each permit issued for premises located within the city, as set forth in the fee schedule in appendix A of this code. The fee shall be paid to the city at the time an application for a permit, or a renewal thereof, is made to the state.
(1987 Code, ch. 4, sec. 1G; 2004 Code, sec. 4.107; Ordinance adopting 2021 Code)
(a) 
It shall be unlawful for any person, firm or corporation to sell alcoholic beverages within three hundred feet (300') of a church, public school or public hospital.
(b) 
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. The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections. For any permit or license covering premises where minors are prohibited from entering the premises under section 109.53 of the Texas Alcoholic Beverage Code, the measurement of the distance between the premises 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.
(c) 
No permit shall be issued to any person, firm or corporation to sell alcoholic beverages if the place where the alcoholic beverage is to be sold is within three hundred feet (300') of any church, public school or public hospital.
(d) 
The city council may grant a variance to the distance restrictions in this section if it determines that enforcement of the distance restrictions 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, 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, is in the best interest of the community.
(1987 Code, ch. 4, sec. 1H; 2004 Code, sec. 4.108)
(a) 
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense. Each day such violation continues shall constitute a separate and distinct offense.
(b) 
In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties above provided, may institute an appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations, and the definition of any violation of this article as a misdemeanor shall not preclude the city from involving the civil remedies given by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violations.
(c) 
Each day an establishment engages in business without a permit or payment of the fee required by this article shall constitute a separate offense. Upon conviction of any such violation, the court may order the forfeiture of such permit as may have been procured. In the event of forfeiture of a permit, any fees which may have been paid for such permit shall be refunded on a proportionate basis for the remainder of the permit year. No new or renewed permit shall be issued for the remainder of the permit year.
(1987 Code, ch. 4, sec. 1I; 2004 Code, sec. 4.109)