To the extent that words or phrases used in this division are defined in the Texas Alcoholic Beverage Code (TABC), as amended, such words or phrases shall have those same definitions. All other words or phrases shall be defined according to their ordinary meaning, unless specified otherwise.
Person.
An individual, sole proprietor, partnership, corporate or other legal entity, including charitable or other nonprofit organizations.
Public property.
Parks, rights-of-way, streets, alleys and other lands leased, owned and/or controlled by the City of Aubrey, including such lands outside of the city's incorporated limits.
Special event.
Any festival, farmer's market, or other similar gathering that is open to the public without a charge for admittance and that is sponsored or organized by the City of Aubrey or to which the City of Aubrey is a partner with another organization, and which is held upon public property.
(Ordinance 484-12, sec. 3, adopted 11/20/12; Ordinance 835-24 adopted 3/28/2024)
It shall be a class C misdemeanor to violate any provision of this division or the regulations adopted hereunder. The amount to be paid upon conviction shall not exceed $500.00 or the highest amount allowed by law, whichever is lower. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense.
(Ordinance 484-12, sec. 13, adopted 11/20/12)
(a) 
Unless expressly exempted by this division, it shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any alcoholic beverage within the city without having first paid an annual permit fee to the city equal to one-half of the state fee required by the TABC of every person that may be issued any permit or license or renew such permit or license by the state for the manufacture, distilling, brewing, importing, transporting, storing, distributing or sale of any alcoholic beverage. Except as otherwise set forth in this section, the permit fee shall be paid to the city secretary upon original application and then annually for permit renewal. The city secretary shall issue a receipt for the permit fee and keep a record of same in the city secretary’s office. All receipts issued for the payment of permit fees under the provisions of this section shall terminate at midnight on the day before the anniversary date of their issuance, and no permit or receipt shall be issued covering a longer period than one year.
(b) 
Notwithstanding subsection (a), the permit fee for a mixed beverage permit shall not be charged for an original application and shall not be charged for the first two annual renewals. For the third annual renewal of a mixed beverage permit, and for all subsequent renewals thereafter, a permit fee shall be charged in accordance with subsection (a).
(c) 
Before the city secretary shall sign any application for a permit or license regulated under the TABC, or any annual renewal, such application shall be submitted to the appropriate city departments, as determined by the mayor or the mayor’s designee, to ensure that the application complies with all city ordinances and regulations and is for an establishment located or proposed to be located in a wet area.
(d) 
An additional annual processing fee in the amount set forth in the fee schedule in appendix A of this code shall be charged by the city secretary for accepting any application or renewal. The city secretary shall issue a receipt for the processing fee and keep a record of the same in the city secretary’s office. All receipts issued for the payment of processing fees under the terms of this section shall terminate at midnight on the day before the anniversary date of their issuance, and no receipt shall be issued covering a longer period than one year.
(Ordinance 484-12, sec. 4, adopted 11/20/12)
(a) 
To the extent that an employee of an establishment serves beer to the public for on-premises consumption, such employee must have a current food handler certificate.
(b) 
No person other than the permittee or licensee for an establishment that serves beer to the public for on-premises consumption may do so unless the person so serving is employed by the permittee or licensee of such establishment.
(c) 
No person serving beer to any patron or customer of such establishment shall receive, as compensation, any part of the price paid by the patron or customer for such beer, nor shall his or her compensation be dependent on the amount of beer served.
(Ordinance 484-12, sec. 6, adopted 11/20/12)
(a) 
An establishment that sells beer for other than on-premises consumption may not utilize a window, opening or any other configuration of a structure or premises that allows a driver or passenger of any vehicle to purchase beer without first parking said vehicle in a parking lot which conforms to the city’s applicable ordinances and design criteria and exiting the vehicle to enter the store to make such purchase.
(b) 
For purposes of this section, a “window, opening or any other configuration of a structure or premises” includes but is not limited to a doorway or other opening to the establishment that is large enough to allow and does allow motor vehicles to enter or exit any part of the establishment for the purpose of purchasing beer.
(Ordinance 484-12, sec. 7, adopted 11/20/12)
(a) 
This division shall not apply to the storage or service of alcoholic beverages [that] is strictly for the consumption of the owners of the premises and/or their guests at no charge.
(b) 
For purposes of this section, a “charge” includes a payment required in order to enter a building or premises, a payment for parking, a payment for food or other thing of value, or any other payment that may be required to enter or access the premises.
(c) 
The exemption under this section does not apply to any premises operated in a manner that requires a permit or license under the TABC.
(Ordinance 484-12, sec. 8, adopted 11/20/12)
(a) 
It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any church or public hospital. The measurement of the distance between the place of business 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 a direct line across intersections.
(b) 
It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any public or private school. The measurement of the distance between the place of business 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 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, 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.
(c) 
It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any existing day care or child care facility. The measurement of the distance between the place of business and the day care center or child care facility shall be in a direct line from such business to the property line of the day care center or child care facility. For the purposes of this division, “day care center” and “child care facility” have the meanings defined under section 42.002, Texas Human Resources Code.
(d) 
Subsection (c) of this section only applies to a permit or license holder under chapter 25, 28, 32, 69, or 74 of the TABC who does not hold a food and beverage certificate. Said subsection (c) does not apply to a permit or license holder who sells alcoholic beverages if:
(1) 
The permit or license holder and the day care center or child care facility are located on different stories of a multi-story building; or
(2) 
The permit or license holder and the day care center or child care facility are located in separate buildings and either the permit or license holder or the day care center or child care facility is located on the second story or higher of a multi-story building.
(Ordinance 484-12, sec. 9, adopted 11/20/12)
(a) 
An establishment that derives 75 percent or more of the establishment’s gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located within 1,000 feet of a public school, private school, church, day care center or child care facility, as those terms are described in the TABC. The measurement of the distance between such an establishment 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 a direct line across intersections. The measurement of the distance between such establishment and the public school, private school, day care center, or child care facility 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 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, 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.
(b) 
An establishment that derives 75 percent or more of the establishment’s gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located closer than 1,000 feet to an existing establishment that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages. The measurement of the distance between said establishments shall be in a straight line from the nearest point on the property line of such existing establishment to the nearest point on the property line of such other establishment. For the purposes of this subsection, the term “existing establishment that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages” or “existing establishment” means an establishment that is in lawful operation and that:
(1) 
Holds a current and valid certificate of occupancy;
(2) 
Holds a valid and current permit and/or license if required under the TABC for such operation; and
(3) 
Holds a current permit from the city and is current on any fees required under this division.
(Ordinance 484-12, sec. 10, adopted 11/20/12)
The city council may allow variances to the distance requirement regulations in section 4.02.008 and section 4.02.009 of this division if the city council determines that enforcement of the distance requirements 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, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines that a variance is in the best interest of the community.
(Ordinance 484-12, sec. 11, adopted 11/20/12)
(a) 
Any person that sells beer or wine at a special event shall first obtain a temporary event authorization through TABC, and all sales shall be conducted on public property as authorized by the city.
(b) 
Any nonprofit organization that sells beer or wine at a special event shall first obtain a temporary event authorization through TABC and all sales shall be conducted on public property as authorized by the city.
(c) 
No mixed beverage alcohol sales shall be permitted at special events.
(Ordinance 835-24 adopted 3/28/2024)
Prohibited:
(1) 
It shall be unlawful for any person to consume any alcoholic beverage on any public property except during a special event.
(2) 
It shall be unlawful for any person to consume any alcoholic beverage on any public place adjacent to public property in the city except during a special event.
(3) 
It shall be unlawful for any person to consume any alcoholic beverage on public property except during a special event.
(Ordinance 835-24 adopted 3/28/2024)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Private club.
One that is licensed by the state and which dispenses beverages to the membership in accordance with state regulations.
Residential dwelling unit.
Any single-family, two-family or multifamily dwelling.
(Ordinance 89-78, sec. I, adopted 11/27/78)
Any person or corporation who shall violate this division or fail to comply therewith shall be guilty of a misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day such violation shall continue or be permitted shall be treated as a separate offense.
(Ordinance 89-78, sec. III, adopted 11/27/78)
(a) 
The operation of licensed private clubs will be permissible only in business-commercial zoning districts pursuant to the city zoning map, and amendments thereto, which accompanies the current zoning ordinance, and which said map is hereby declared to be a part hereof.
(b) 
A building utilized by licensed private clubs shall be inspected and shall comply with all local building codes, fire codes, and ordinances.
(c) 
All disposition and consumption of alcoholic beverages must be within the licensed private clubs.
(d) 
Paved parking must be provided at the ratio of one space for every three seats under maximum seating arrangements, or two spaces for each 100 square feet of floor area, whichever is greater.
(e) 
Licensed private clubs may not operate within 300 feet of any church, public hospital, or public school.
(f) 
Licensed private clubs may not operate within 100 feet of any residential dwelling unit.
(g) 
Where the business property serving as a site of a licensed private club abuts a zoned dwelling district, a solid fence at least six feet high shall be erected for the full distance between the two properties.
(Ordinance 89-78, sec. II, adopted 11/27/78; Ordinance adopting Code)