(a)
Any person who shall fraudulently adulterate for the purpose of sale of any substance intended for food or any spirituous or malt liquors intended for drink with any substance injurious to health shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(b)
Any person who shall sell or offer for sale any spirituous or malt liquor intended for drink, knowing the same to be adulterated with any substance or liquid injurious to health, shall be deemed guilty of a misdemeanor and on conviction shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(Ordinance 365 adopted 8/10/31)
It is unlawful for any person to sell or deliver any alcoholic
beverages in the city except within those hours as prescribed by state
law.
(Ordinance 1155 adopted 2/19/15)
All terms used herein, and not defined herein, shall have the
meaning assigned to them by the Texas Alcoholic Beverage Code, as
amended, and/or the Texas Human Resources Code, as amended.
Any structure used primarily as a place where persons regularly
assemble for religious worship, including sanctuaries, chapels and
cathedrals, and on-site buildings adjacent thereto, such as parsonages,
fellowship halls, Sunday schools and rectories.
A hospital that is supported in whole, or in part, by public
funds.
Any building where persons regularly assemble for the purposes
of instruction or education supported in whole, or in part, by public
funds, together with playgrounds, dormitories, or other structures
or grounds used in conjunction therewith.
(Ordinance 1155 adopted 2/19/15)
(a)
It
shall be unlawful for any person to sell alcoholic beverages within
the city unless such person has obtained a permit or license from
the Texas Alcoholic Beverage Commission.
(b)
Unless
state law exempts a permittee or licensee from payment of a fee established
by this section, a permittee or licensee must pay the city an annual
permit or license fee of one-half (1/2) the amount of the state fee
for each permit or license authorizing the sale of alcoholic beverages.
The fee shall be paid to the city at the time of initial issuance
of a state permit or license and when such permit or license is renewed
with the state thereafter.
(c)
A permittee or licensee shall pay the fees established under subsection (b) to the city no later than the 30th day after the date the permittee’s or licensee’s payment of a state permit or license fee is due.
(d)
A
permittee or licensee who sells an alcoholic beverage at a business
location before the permittee or licensee pays the fees established
by this section, either at the time of initial issuance of a state
permit or license or when such permit or license is renewed with the
state, commits a class C misdemeanor punishable by a fine established
herein.
(e)
The
city secretary shall issue and deliver a receipt under this section
to the permittee or licensee authorizing the sale of alcoholic beverages
under this article and a state permit or license, if the permittee
or licensee:
(Ordinance 1155 adopted 2/19/15)
(a)
It
shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages where the
place of business is within 300 feet of any church, public or private
school, or public hospital.
(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. 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.
(c)
(1)
Except as provided by section 109.331 of the Texas Alcoholic Beverage
Code, the provisions of this article relating to a public school shall
also apply to a day-care center and a child-care facility as those
terms are defined by section 42.002, Human Resources Code for a permit
or license holder under chapter 25, 28, 32, 69, or 74 who does not
hold a food or beverage certificate. Therefore, it shall be unlawful
for any person who is engaged in the business of selling alcoholic
beverages described in this subsection to sell alcoholic beverages
where the place of business is within 300 feet of any day-care center
and/or a child-care facility.
(2)
This subsection does not apply to a permit or license holder who
sells alcoholic beverages if:
(A)
The permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building;
or
(B)
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 multistory building.
(d)
The
city council may allow variances to the distance regulations established
above if the city council determines that enforcement of the 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, 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 is in the best interest of the community.
(e)
No variance may be granted under subsection (d) except after a public hearing for which notice has been given as provided in this subsection. Notice of a request for a variance shall be given to owners of property within three hundred feet of the business. The notice shall be sent via regular United States mail, not less than ten days before the date set for the 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 1155 adopted 2/19/15)
(a)
It
shall be unlawful for any person or dealer to sell beer in residential
areas of the city.
(b)
No
person shall engage in the business of manufacturing, distributing
or selling any alcoholic beverage in the city unless the place of
business of such person is located in a use district of the city,
as established by present and future zoning regulations of the city,
in which the manufacture, distribution, and/or sale of alcoholic beverages
is permitted.
(Ordinance 1155 adopted 2/19/15)
(a)
Any
person who violates or fails to comply with this article, and any
person who is the alcoholic beverage permit or license holder or otherwise
operates any alcoholic beverage establishment that does not comply
with the requirements of this article, and any responsible officer
of that alcoholic beverage permit or license holder, shall be guilty
of a misdemeanor, and upon conviction shall be fined not more than
$500.00. Each day any violation or noncompliance continues constitutes
a separate offense.
(b)
A
violation of any term or provision of this article may be enjoined
by civil injunctive relief. The city may, at its sole discretion,
seek injunctive and other equitable relief to restrain any violation
of this article and may, in addition, pursue any lawful remedies to
correct, abate, or punish any violation hereof.
(c)
The
penalties and remedies provided for in this article are not exclusive
of each other or of any other remedy at law or in equity, and all
such remedies are declared to be cumulative.
(Ordinance 1155 adopted 2/19/15)
