The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them herein, except where the
context clearly indicates a different meaning:
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.
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.
Premises.
The grounds and all buildings, vehicles, and appurtenances
pertaining to the grounds, including any adjacent premises if they
are directly or indirectly under the control of the same person.
Residential area.
(1)
An area designated as a residential zoning district by a governing
ordinance or code;
(2)
An area in which the actual land use is predominantly one of
private residences;
(3)
A subdivision for which a plat is recorded in the real property
records of the county and that contains or is bounded by public streets
or parts of public streets that are abutted by residential property
occupying at least seventy-five percent (75%) of the front footage
along the block face; and/or
(4)
A subdivision for which a plat is recorded in the real property
records of the county and a majority of the lots of which are subject
to deed restrictions limiting the lots to residential use.
Wine and vinous liquor.
The product (or libation) obtained from the alcoholic fermentation
of juice of sound ripe grapes, fruits, berries or honey, and includes
wine coolers.
(Ordinance 05-2013, sec. 2 (10-2.01),
adopted 5/21/2013)
A person, firm, corporation or association of persons subject to the licensing or reporting provisions of this article who sells an alcoholic beverage without having first obtained and maintained in effect a city permit and a TABC permit at all such times, and paid the fee(s) herein levied, commits a class C misdemeanor punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code. In addition, the city secretary shall report such failure to pay to the state alcoholic beverage commission.
(Ordinance 05-2013, sec. 2 (10-2.11),
adopted 5/21/2013; Ordinance adopting
2018 Code)
(a) It
shall be unlawful for any person or establishment to import, transport
or store for the purposes of sale, to distribute or to sell any beer
or wine for off-premises consumption within the city unless such person
has obtained a city permit from the office of the city secretary.
(b) Any person or establishment wishing to import, transport or store for the purposes of sale, to distribute or to sell any beer or wine for off-premises consumption must complete a city permit application and pay the application fee as set forth in section
4.02.004.
(c) The
city secretary shall submit each application to the appropriate city
departments, as determined by the city administrator, to ensure that
the application complies with all city ordinances and regulations,
including this section.
(d) Upon investigation and determination of compliance with all applicable ordinances and payment of the initial permit application fee as set forth in section
4.02.004, the city secretary shall issue to the applicant the proper permit, which shall state on its face the location, the type of business for which it is issued, and the date when it will expire. The permit shall be posted in a prominent place, visible to the customers of the establishment.
(e) Applications
and permits shall be kept on file in the city secretary’s office.
(Ordinance 05-2013, sec. 2 (10-2.02),
adopted 5/21/2013; Ordinance adopting
2018 Code)
(a) Administrative processing fee.
As determined from time
to time by the city council, an administrative processing fee shall
be charged by the city secretary for accepting any permit application
or permit renewal application. A permit application or permit renewal
application shall be accompanied by the administrative processing
fee.
(b) Initial city permit.
The initial city permit fee amount shall be as set forth in the fee schedule in appendix
A of this code. The fee amount shall not exceed the maximum amount permitted by applicable state law. Receipt of the initial city permit fee is required prior to issuance of a city permit.
(c) Renewal city permit.
The city shall require payment of an annual renewal city permit fee by any person or establishment who possesses a current permit to import, transport or store for purposes of sale, distribute or sell any beer or wine for off-premises consumption within the city. The renewal city permit fee amount shall be as set forth in the fee schedule in appendix
A of this code. The fee amount shall not exceed the maximum amount permitted by applicable state law. Receipt of the renewal permit fee is required prior to issuance of a city permit.
(d) Receipt; records.
The city secretary shall issue a receipt
for payment of the administrative processing fee, initial application
permit fee and renewal permit fee and keep a record of the fees.
(Ordinance 05-2013, sec. 2 (10-2.03),
adopted 5/21/2013)
(a) Permits
shall be renewed annually. All permits shall terminate at midnight
on the day before the anniversary date of their issuance and no permit
shall be issued covering a term longer than one year.
(b) If
a permittee fails to pay the renewal city permit fee, its permit shall
be automatically cancelled. The city secretary shall send notice of
such cancellation to the address on file with the permit application
and to the TABC.
(c) A permittee who sells an alcoholic beverage without first having paid the permit renewal fee under this section commits a class C misdemeanor punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code.
(Ordinance 05-2013, sec. 2 (10-2.04),
adopted 5/21/2013; Ordinance adopting
2018 Code)
The hours of sales of alcoholic beverages in the city shall
comply with state law regarding the hours of sales of alcoholic beverages
for the permit issued by the state.
(Ordinance 05-2013, sec. 2 (10-2.05),
adopted 5/21/2013)
The sale of alcoholic beverages for off-premises consumption
is not permitted in a residential area.
(Ordinance 05-2013, sec. 2 (10-2.06),
adopted 5/21/2013)
(a) Sale near church, school or hospital.
The sale of alcoholic
beverages for off-premises consumption is not permitted within three
hundred feet (300') of:
(1) A church, public school, or public hospital; or
(2) A private school that offers a course of instruction for students
in one or more grades from kindergarten through grade 12 and which
has more than one hundred (100) students enrolled and attending courses
at the location in question.
(b) Sale near day-care center or child-care facility.
The
sale of alcoholic beverages is not permitted within three hundred
feet (300') of a “day-care center” or a “child-care
facility” as those terms are defined by section 42.002 of the
Texas Human Resources Code. This provision only applies to a place
of business selling alcoholic beverages pursuant to a permit issued
by the TABC under chapter 25, 28, 32, 69 or 74 of the Texas Alcoholic
Beverage Code, and which does not also hold a food and beverage certificate
from the TABC.
(c) Measurement of distance to church or hospital.
The measurement
of the distance between the place of business where alcoholic beverages
are sold and a 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.
(d) Measurement of distance to school.
The measurement of
the distance between a place of business where alcoholic beverages
are sold and a 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 place of business 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, and in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which
the place of business is located.
(e) Measurement of distance to day-care center or child-care facility.
The measurement of the distance between the place of business
where alcoholic beverages are sold and a day-care center or a child-care
facility shall be calculated in the same manner as used for a public
or private school, with the following exceptions (in which event the
place of business in question is exempted from the distance requirements):
(1) The place of business selling alcoholic beverages and the day-care
center or child-care facility are located on different stories of
a multi-story building; or
(2) The place of business selling alcoholic beverages and the day-care
center or child-care facility are located in separate buildings and
either the place of business selling alcoholic beverages or the day-care
center or child-care facility is located on the second story or higher
of a multi-story building.
(f) Variances.
(1) The city council may allow a variance to this section if it determines
that the enforcement of the regulation in a particular instance:
(A) Is not in the best interests of the public;
(B) Constitutes waste or inefficient use of land or other resources;
(C) Creates an undue hardship on the applicant for a license or permit;
(D) Does not serve its intended purpose, is not effective or necessary;
or
(E) Would be inequitable because a previous permit was issued for the
premises in error.
(2) The city council may allow a variance to this section for any other
reason the city council determines, after consideration of the health,
safety and welfare of the public and the equities of the situation,
that the variance is in the best interest of the community.
(3) No variance may be granted under this subsection except after a public
hearing for which notice has been given. Notice of a request for a
variance from the distance requirements of this section shall be given
to owners of property within three hundred feet (300') of the business.
The notice area for a variance request relating to a church or public
hospital shall be measured in a direct line from the front door of
the place of business. The notice area for a variance request relating
to a public or private school shall be measured in a direct line from
the property line of the place of business. The notice shall be sent
via regular United States mail not less than ten (10) days before
the date set for hearing, to all such owners who have rendered their
property for city taxes as the ownership appears on the last approved
city tax roll.
(4) The city council may assess a reasonable fee for the administrative
costs associated with processing a variance request under this subsection.
(Ordinance 05-2013, sec. 2 (10-2.07),
adopted 5/21/2013)
(a) An application for an initial permit shall be accompanied by a survey prepared and sealed by a Texas registered professional land surveyor showing the property lines, buildings, measurements and buffers as set forth in section
4.02.008. As a minimum, surveys shall meet the requirements of a Texas Society of Professional Surveyors Manual of Practice for Land Surveying in the State of Texas Category 1A, Condition I survey.
(b) If requested by city staff, an applicant shall have the property lines, measurements and buffers as set forth in section
4.02.008 temporarily monumented for city staff inspection.
(Ordinance 05-2013, sec. 2 (10-2.08),
adopted 5/21/2013)
(a) A
convenience store may not contain less than 1,000 square feet of retail
space.
(b) A
retail establishment may not offer drive-in, drive-up, drive-through,
or walk-up sales or service of pre-packaged, sealed, unopened beverages,
with the exception of bottled water, juice or milk.
(c) For
purposes of this section, the terms “drive-in,” “drive-up,” “drive-through,”
or “walk-up” do not prohibit the service of food or beverages
to customers:
(1) Who physically leave their vehicles and enter a building to make
the purchase; or
(2) As part of a drive-through restaurant in connection with the sale
or service of food to the customer.
(Ordinance 05-2013, sec. 2 (10-2.09),
adopted 5/21/2013)
A retail establishment holding a permit under this article shall
be subject to compliance with the Texas Alcoholic Beverage Code, as
it exists or may be amended, and shall not be permitted to have exterior
signs advertising the sale of alcoholic beverages other than those
authorized under the Texas Alcoholic Beverage Code, chapter 108, Advertising.
(Ordinance 05-2013, sec. 2 (10-2.10),
adopted 5/21/2013)