(a)
Sale for on-premises consumption.
It shall be unlawful
for any person holding an on-premises license for the consumption
of beer, wine or mixed beverages to sell, offer for sale or deliver
any beer, wine or mixed beverages to its patrons on Sunday between
2:00 a.m. and 12:00 noon, and on any other day of the week between
2:00 a.m. and 7:00 a.m.
(Ordinance 80, secs. 2, 4, adopted 6/11/85; Ordinance 127, secs. 3, 5, adopted 1/2/90; Ordinance 153, secs. 2, 4, adopted 12/20/91; 1982 Code, ch. 4, sec. 17(B), (C); Ordinance adopting 2015 Code)
(a)
There
is hereby levied against any person, as that term is defined in the
Texas Alcoholic Beverage Code, a fee equal to one-half (1/2) of the
state fee required for payment upon application by any person for
any license or permit authorized to be issued by the state alcoholic
beverage commission for the purpose of conducting any business involving
the sale of alcoholic beverages. The levy of the fee herein made shall
be due and payable upon the initial application of any person for
any such license or permit and thereafter shall be due and payable
upon renewal of any such permit by such person.
(b)
The
city secretary shall not certify or approve any application of any
person for the sale of alcoholic beverages for submission to the state
alcoholic beverage commission until such time as said person has paid
the fee levied herein. Upon payment of such fee, the city secretary
shall issue his receipt therefor as evidence of the payment of same.
Such receipt shall be prominently displayed if required by the state
alcoholic beverage commission.
(c)
No
person shall be entitled to conduct any business involving the sale
of alcoholic beverages within the corporate limits of the city unless
and until the fees levied herein shall have been paid and collected
as required herein.
(Ordinance 95 adopted 12/9/86; 1982 Code, ch. 4, sec. 17(D))
(a)
Sale near church, school or hospital.
(1)
Under the authority granted to municipalities under the Texas Alcoholic
Beverage Code (TABC), including but not limited to authority granted
under TABC section 109.33, there may be no sale of alcoholic beverages
in the city’s corporate limits by a dealer whose place of business
is within:
(A)
300 feet of a church, public or private school, or public hospital
(as those terms are defined in the TABC, as amended);
(B)
1,000 feet of a public school, if the city council receives a request
from the board of trustees of a school district under section 38.007,
Education Code; or
(C)
1,000 feet of a private school (as defined in the TABC), if the city
council receives a request from the governing body of the private
school.
(2)
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 a 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:
(A)
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
(B)
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)
Sale near day care center or child care facility.
Under
the authority granted to municipalities under the TABC, including
but not limited to authority granted under TABC section 109.331, and
to the full extent allowed by that section, there may be no sale of
alcoholic beverages in the city’s corporate limits by a dealer
whose place of business is within 300 feet of a day care center or
child care facility.
(c)
Penalty.
Any violation of any of the terms of this section, whether denominated in this section as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each incidence of violation. Each violation is considered a separate offense and will be punished separately.
(Ordinance 314 adopted 2/10/09; Ordinance adopting 2015 Code)
