The following definitions are applicable to the provisions of this article.
Alcoholic beverage.
Alcohol or any beverage containing more than one half of one percent of alcohol by volume which is capable of use for beverage purposes either alone or when diluted.
Alcohol beverage permit.
An official certificate issued by the city clerk or city secretary certifying compliance with this article.
Ale or malt liquor.
A malt beverage containing more than four percent of alcohol by weight.
Beer.
A malt beverage containing one half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight and does not include a beverage designated by label or otherwise by a name other than beer.
Beer and wine retail sales.
Businesses that engage in the sale of beer, wine and/or malt liquors containing alcohol in excess of one half of one percent by volume but not more than 17% by volume, for off-premises consumption only.
Child-care facility.
As those terms are defined by section 42.002 of the Texas Human Resources Code means a certified facility licensed, certified, or registered by the Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility for all or part of the 24-hour day whether or not the facility is operated for profit or charges for the services it offers.
City.
The City of Troup, Texas.
Dealer.
As that term is used in section 109.33 Texas Alcoholic Beverage Code V.T.C.S. and shall include person as that term is defined herein.
Hotel/motel.
A building or a group of two (2) or more buildings containing guest rooms or apartments and used primarily for the accommodation of automobile travelers containing a restaurant as defined herein.
Licensee.
A person who is the holder of a license provided in this article, or any agent, servant, or employee of that person.
Mixed beverage.
One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit.
Neighborhood convenience center.
Retail establishments which carry convenience goods, such as groceries, drugs, and some variety items, including grocery stores, markets, supermarkets and variety stores.
Off-premises consumption.
The sale of sealed alcoholic beverages by an establishment permitted herein for the sale of consumption off-premises.
On-premises consumption.
The sale of an alcoholic beverage for the consumption in a business establishment as permitted herein.
Open container.
A container that is no longer sealed.
Permittee.
A person who is the holder of a permit provided for in this article, or an agent, servant, or employee of that person.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization of the manager, agent, servant, or employee of any of them.
Prepackaged alcoholic beverage retail.
Businesses that engage in the sale of prepackaged alcoholic beverages, for off-premises consumption.
Private school.
A private school including a parochial school that:
(1) 
Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(2) 
Has more than 100 students enrolled and attending courses at a single location.
Restaurant.
A place where meals are prepared and served to the public for consumption on or off the premises.
Wine.
The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
Wine cooler.
An alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have an alcohol content as low as one half of one percent by volume.
(Ordinance 2011-0524-01 adopted 5/24/11)
(a) 
Beer and wine retail sales and prepackaged alcoholic beverage retail sales and holding an alcoholic beverage permit issued by the city clerk or city secretary will be allowed to operate only in areas that are zoned C-2 (commercial district-general) and M-1 (manufacturing/industrial district - light).
(b) 
The legal sale of mixed beverages in restaurants by food and beverage certificate holders only.
(c) 
Any business, existing or new, that desires to sell any alcoholic beverage within the city limits must obtain an alcoholic beverage permit issued by the city.
(Ordinance 2011-0524-01 adopted 5/24/11)
(a) 
It shall be unlawful for any dealer to sell alcoholic beverages from or at a place of business within the city within 275 feet of a church or public hospital and within 750 feet of a public or private school, except in the area zoned H (historic district) the legal sale of mixed beverages, beer and wine for on-premises consumption shall be allowed by food and beverage certificate holders, with no such distance requirements being applicable.
(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.
(c) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the place of business and in a direct line across intersections to the property line of the school.
(Ordinance 2011-0524-01 adopted 5/24/11; Ordinance 2022-0328-01 adopted 3/28/22)
(a) 
It shall be unlawful for any holder of a wine and beer retailer’s permit, mixed beverage permit, retail dealer’s on-premises license or brew pub license who does not hold a food and beverage certificate to sell alcoholic beverages from or at a place of business within the city within 275 feet of a day-care or child-care facility, except in the area zoned H (historic district), the legal sale of mixed beverages, beer and wine for on-premises consumption shall be allowed by a food and beverage certificate holder, with no such distance requirements being applicable.
(b) 
This section does not apply to a foster group home, foster family home, family home, agency group home or agency home as those terms are defined by section 42.002 of the Texas Human Resources Code.
(c) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the day-care center or child-care facility shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business and in a direct line across intersections to the property line of a day-care center or child-care facility.
(Ordinance 2011-0524-01 adopted 5/24/11; Ordinance 2022-0328-01 adopted 3/28/22)
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, public sidewalk or public park within 750 feet of the property line of a facility that is a public or private school, including a parochial school that provides all or any part of pre-kindergarten through twelve grade, unless it is on an enclosed outdoor patio attached to and operated by a business having a food and beverage certificate as specified in this article.
(Ordinance 2022-0328-01 adopted 3/28/22)
(a) 
For on-premises consumption, the city hereby levies an annual fee in a sum equal to fifty percent of the state’s third renewal fee for a mixed beverage permit with a food and beverage certificate, and all other licenses required, as authorized by the Texas Alcoholic Beverage Code, except a temporary or agent’s beer license issued for premises locations within the corporate limits of the city.
(b) 
For off-premises consumption, the city hereby levies an annual fee in a sum equal to fifty percent of the state’s fee for a beer retailer’s off-premises license, and all other licenses required, as authorized by the Texas Alcoholic Beverage Code, except a temporary or agent’s beer license issued for premises locations within the corporate limits of the city.
(c) 
There is herby levied a $150.00 administrative processing fee for acceptance, review and verification of all new applications.
(d) 
All payments shall be made to the city along with the submission of the application. The city shall issue a receipt for display with the state license or permit on the licensed or permitted premises.
(Ordinance 2011-0524-01 adopted 5/24/11)