For the purposes of this article, all definitions of words, terms and phrases as set forth in the Texas Alcoholic Beverage Code are hereby adopted and made a part of this article.
(1975 Code, sec. 4-1; 2004 Code, sec. 4.301; Ordinance 1203 adopted 10/4/16)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2000.00.
(Ordinance 1203 adopted 10/4/16)
The conduct of business of the holder of any license permit [sic] issued under this article shall be governed by and subject to all general state laws, civil or penal, or provisions of this code and ordinances of the city.
(1975 Code, sec. 4-16; 2004 Code, sec. 4.310; Ordinance 1203 adopted 10/4/16)
Regardless of any other provision of this article, no sale of spirituous, vinous or malt liquors in any manner shall be legal or permitted within three hundred (300) feet of any church, playground, school or other educational institution, the measurements to be along the property lines of the street fronts and from front door to front door and in a direct line across intersections where they occur.
(1975 Code, sec. 4-17; 2004 Code, sec. 4.311; Ordinance 1203 adopted 10/4/16)
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 the same, for which a permit is required by the Texas Alcoholic Beverage Code, within the city, without first obtaining a permit to do so from the city.
(1975 Code, sec. 4-12; 2004 Code, sec. 4.306; Ordinance 1203 adopted 10/4/16)
Before any permit is issued under the provisions of this article, the applicant therefor shall submit an application to the city, pay to the city such fees as established in the fee schedule in appendix A of this code for an alcoholic [beverage] permit, and submit a copy of the applicant’s state Alcoholic Beverage Code permit. If an applicant fails to timely provide the city any item or fee required by this article, the applicant shall be subject to a penalty equal to 10% of the fee for alcoholic beverages.
(1975 Code, sec. 4-13; 2004 Code, sec. 4.307; Ordinance 1203 adopted 10/4/16)
All taxes, permits and license fees levied by this article shall be paid in advance for one year.
(1975 Code, sec. 4-14; 2004 Code, sec. 4.308; Ordinance 1203 adopted 10/4/16)
Upon the payment to the city secretary of the applicable fee prescribed by this article, and exhibition to the city secretary of a permit duly issued by the state to the applicant or person paying such fee, the city secretary shall, in the name of the city, issue and deliver to such applicant or person a permit to engage in business in the city of the character described in and authorized by the permit. The permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the permit from the state and shall remain in force only so long as such permits from the state and city remain in force or until either is revoked.
(1975 Code, sec. 4-15; 2004 Code, sec. 4.309; Ordinance 1203 adopted 10/4/16)
It shall be the duty of the chief of police to investigate each location which is permitted for consumption on-premises, periodically. If such investigation reveals that probable cause for the state’s or city’s suspension or cancellation of a permit exists, the chief of police shall inform the state alcoholic beverage commission and the city immediately of such fact and furnish supporting evidence. If from such evidence it appears that cause for a suspension or cancellation exists under the provisions of the state Alcoholic Beverage Code or this article, the chief of police, with any assistance needed from the city attorney, shall petition the state alcoholic beverage commission to cancel or suspend such permit or license and shall pursue such petition diligently.
(Ordinance 1203 adopted 10/4/16)