The definitions set forth in Texas Alcoholic Beverage Code section 1.04 (definitions), as amended, shall be effective as definitions of the words, terms and phrases used in this article. All words, terms and phrases used herein, other than those specifically defined elsewhere in this article, shall have the respective meanings ascribed to them in Texas Alcoholic Beverage Code section 1.04, as amended, and shall have the same scope and effect that the same words, terms and phrases have where used in Texas Alcoholic Beverage Code section 1.04, as amended.
(2013 Code, sec. 4-1)
Any person violating any of the provisions of sections 5.04.033, 5.04.034, 5.04.039 and 5.04.004 through 5.04.007 as set forth herein shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. The city attorney is authorized to bring civil proceedings to enjoin the operation of any premises not in compliance with the provisions of this article.
(1976 Code, sec. 5-1; 1998 Code, sec. 10-1; 2013 Code, sec. 4-2; Ordinance adopting 2021 Code)
This article shall not apply to private clubs incidental to a hotel or motel, as defined in the zoning ordinance, or to private clubs licensed by the state which are owned and operated by nonprofit service organizations such as the Veterans of Foreign Wars and the American Legion.
(1976 Code, sec. 5-2; 1998 Code, sec. 10-2; 2013 Code, sec. 4-3)
(a) 
No person shall sell or engage in the business of selling any alcoholic beverage where the place of business of such person is located within:
(1) 
300 feet of any church, public school or public hospital;
(2) 
1,000 feet of a public school, if the city council receives a request from the board of trustees of a school district under Texas Education Code section 38.007; or
(3) 
1,000 feet of a private school, if the city council receives a request from the governing body of the private school.
(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 a direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be from the nearest property line of the public school to the property line of the place of business, along street lines and in a direct line across intersections.
(1976 Code, sec. 5-13; 1998 Code, sec. 10-13; 2013 Code, sec. 4-14)
No person shall engage in the business of manufacturing, distributing or selling any alcoholic beverage unless the place of business of such person is located in the use district, as established by present and future zoning regulations of the city, in which the manufacture, distribution or sale of such alcoholic beverage is permitted.
(1976 Code, sec. 5-14; 1998 Code, sec. 10-14; 2013 Code, sec. 4-15)
(a) 
All establishments desiring to engage in the sale of alcoholic beverages within the city, including private clubs, shall submit to the city secretary sworn copies of all state sales tax returns and state alcoholic beverage tax returns filed by the establishment, together with a form authorizing the city to verify the returns with appropriate state agencies.
(b) 
The applicant shall also supply receipts from suppliers upon request of the city secretary. Licensees shall supply such copies with applications for renewal. Private clubs shall supply such copies on or before January 15 of each year. Such records shall cover the most recent calendar year.
(1976 Code, sec. 5-16; 1998 Code, sec. 10-16; 2013 Code, sec. 4-17)
Any person applying for a permit or license issued by the authority of the Texas Alcoholic Beverage Code, or a renewal of such permit or license, or to change the location of the place of business designated in such permit or license, shall deliver to the city secretary, for filing, one copy of the appropriate forms prescribed by the state alcoholic beverage commission, together with scale drawings showing the proposed location of the applicant’s business in relation to streets, property lines, and the nearest church, public school or public hospital. Such person shall also provide a statement of his name, current address, addresses for the previous ten years, age, all other city permits or licenses held and the names and addresses of all persons with an interest in such business, which statement shall include an affidavit that the information given is true and correct. The applicant shall give permission for his fingerprints, height, weight, coloring and other description to be obtained by the police department.
(1976 Code, sec. 5-3; 1998 Code, sec. 10-3; 2013 Code, sec. 4-4)
The city secretary shall direct the applicant for an alcoholic beverage permit or license to deliver such information to the chief of police, who shall cause an investigation to be made as to the applicant’s reputation as well as those of his business associates and also as to the applicant’s criminal record, if any. On completion, the chief of police shall forward such application and information together with his investigative findings to the zoning official with primary responsibility for enforcing the zoning laws, who shall determine the use district in which such business is located, the distance to the nearest church, public school and public hospital and any deficiencies in the building proposed or planned for use.
(1976 Code, sec. 5-4; 1998 Code, sec. 10-4; 2013 Code, sec. 4-5)
The zoning official shall, upon receiving the information required by section 5.04.032, determine whether the applicant’s place of business is to be located in a zoning district where such is prohibited and whether the use is prohibited to this applicant by any ordinance or state law at such location. The zoning official shall notify the city secretary of his determination and shall advise the city secretary to certify on the application that the manufacture, distribution or sale of alcoholic beverages as applied for is or is not prohibited at the location of the applicant’s place of business. If from the zoning official’s examination it appears that the applicant is disqualified, or that the applicant’s place of business is inadequate, unsafe or unsanitary or does not comply with all the terms of this article and the Texas Alcoholic Beverage Code, or that any lawful reason exists why the permit or license should not be issued, it shall be the duty of the zoning official to file objections to the issuance of the permit or license with the alcoholic beverage commission or the county judge.
(1976 Code, sec. 5-5; 1998 Code, sec. 10-5; 2013 Code, sec. 4-6)
No permittee or licensee under this article shall engage in the business authorized by his permit or license without first having paid to the city the permit or license tax levied by this article. It shall be the duty of the zoning official to petition the state alcoholic beverage commission to cancel the permit or license of any permittee or licensee who shall engage in the business authorized by such permit or license without first having paid the taxes levied by this article.
(1976 Code, sec. 5-6; 1998 Code, sec. 10-6; 2013 Code, sec. 4-7)
There is hereby levied against every holder of a state alcoholic beverage permit for premises located within the corporate limits of the city a fee of one-half the state fee for each such permit.
(1976 Code, sec. 5-7; 1998 Code, sec. 10-7; 2013 Code, sec. 4-8)
The following are exempt from the fee authorized by section 5.04.035:
(1) 
Agent’s airline beverage, passenger train beverage, industrial carrier’s, private carrier’s, private club registration, local cartage, storage and temporary wine and beer retailer’s permit;
(2) 
A wine and beer retailer’s permit issued for a dining, buffet or club car; and
(3) 
A mixed beverage permit during a three-year period following the issuance of the permit.
(1976 Code, sec. 5-8; 1998 Code, sec. 10-8; 2013 Code, sec. 4-9)
The permit or license fee required for licenses and permits as required by this article shall be paid in advance for one year. A separate license shall be obtained for every place of business where the business of alcoholic beverage manufacture, distribution or sale is conducted, and permit or license fee shall be paid for each license.
(1976 Code, sec. 5-9; 1998 Code, sec. 10-9; 2013 Code, sec. 4-10; Ordinance adopting 2021 Code)
Upon approval by the zoning official and payment of the permit or license fee, the city secretary shall issue a license in the name of the city which shall acknowledge receipt of such amount and shall contain the number, name and expiration date of the state permit or license, the name of the permittee or licensee, the trade of such permittee or licensee, the address of the business and the date of issuance.
(1976 Code, sec. 5-10; 1998 Code, sec. 10-10; 2013 Code, sec. 4-11; Ordinance adopting 2021 Code)
The license issued by the city secretary pursuant to this article shall be displayed at all times in a conspicuous place within the licensed place of business.
(1976 Code, sec. 5-11; 1998 Code, sec. 10-11; 2013 Code, sec. 4-12)
No refund of a permit or license fee paid the city under the terms of this article shall be made for any reason except when the permittee or licensee is prevented from continuing in business as the result of a local option election or an amendment of the zoning regulations of the city concerning the property on which the place of business is situated.
(1976 Code, sec. 5-12; 1998 Code, sec. 10-12; 2013 Code, sec. 4-13; Ordinance adopting 2021 Code)