Alcoholic beverage
means alcohol, or any beverage containing more than one-half percent (1/2%) alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (Section 1.04, Texas Alcoholic Beverage Code)
Distilled spirits
is as defined by section 1.04, Texas Alcoholic Beverage Code.
Liquor
means any alcoholic beverage containing alcohol in excess of four percent (4%) by weight. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, ale, malt liquor, tequila, mescal or habanera is prima facie evidence that substance is liquor. (Section 1.04, Texas Alcoholic Beverage Code)
Permittee
means a person who is the holder of a permit provided for in this article and code from the state.
(Ordinance 2010-001 adopted 4/8/10; Ordinance adopting 2021 Code)
Violation of this article and/or the state code will be subject to the specific penalties as authorized by the state and the city, resulting in any or all the following: fines, forfeiture of permit(s), and possible confinement.
(Ordinance 2010-001, sec. 6, adopted 4/8/10)
(a) 
The sale of alcoholic beverages for off-premises consumption shall only be permitted by neighborhood convenience centers that derive fifteen percent or more of its gross revenue from the sale of nonalcoholic products and products not subject to motor fuel tax.
(b) 
Beer and wine retail sales for off-premises consumption (no drive-through of alcohol sales) and prepackaged alcoholic beverage retail sales for off-premises consumption (no drive-through of alcohol sales) and holding an alcoholic beverage permit issued by the city secretary will be allowed to operate only in areas that are zoned commercial or zones designated by the city council.
(c) 
Beer and wine retail sales for off-premises consumption (drive-through of alcohol sales) and prepackaged alcoholic beverage retail sales for off-premises consumption (drive-through of alcohol sales) are not permitted in any district.
(d) 
The sale of alcoholic beverages for on-premises consumption shall only be permitted by restaurants or hotel/motels where such uses are permitted and which hold a food and beverage certificate and the restaurant or hotel/motel’s revenue from the sale of alcoholic beverages shall be less than fifty percent of its gross revenue.
(e) 
Beer, wine and mixed beverage sales for on-premises consumption will be allowed to operate only in areas that are zoned commercial/business zones.
(f) 
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 2010-001a, sec. 1, adopted 10/10/13)
(a) 
It shall be unlawful for any dealer to sell alcoholic beverages for off-premises consumption from or at a place of business within the city within 300 feet of a church, public or private school or 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 a 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 to the property line of the school and in a direct line across intersections.
(Ordinance 2010-001a, sec. 2, adopted 10/10/13; Ordinance adopting 2021 Code)
(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 300 feet of a day-care or child-care facility.
(b) 
This section does not apply to a foster group home, foster family home, family home, agency group home or agency home.
(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.
(Ordinance 2010-001a, sec. 3, adopted 10/10/13; Ordinance adopting 2021 Code)
The city council may allow variances to the above-mentioned distance regulations as permitted by state law if the city council determines that the 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 it is in the best interest of the community. Applications for variances shall be made to the city secretary and an application fee as set forth in the fee schedule in appendix A of this code shall be paid concurrently with the application.
(Ordinance 2010-001a, sec. 4, adopted 10/10/13; Ordinance adopting 2021 Code)
(a) 
No person may erect or maintain a billboard, electric sign, or any outdoor advertising in violation of any ordinance of the city or this article.
(b) 
No person shall erect or maintain a billboard, electric sign, or any outdoor advertising for the sale or consumption of an alcoholic beverage within the city limits.
(c) 
No person shall erect, post or display any signs for the sale or consumption of alcoholic beverages or other forms of advertisement inside the alcoholic beverage establishment if same can be viewed from a public street.
(Ordinance 2010-001a, sec. 7, adopted 10/10/13)
(a) 
Annual fee for on-premises consumption.
For on-premises consumption, the city hereby levies an annual fee in the sum set forth in the fee schedule in appendix A of this code, 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) 
Annual fee for off-premises consumption.
For off-premises consumption, the city hereby levies an annual fee in the sum set forth in the fee schedule in appendix A of this code, 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) 
Administrative processing fee for new applications.
There is hereby levied an administrative processing fee as set forth in the fee schedule in appendix A of this code for acceptance, review and verification of all new applications.
(d) 
Payment; receipt.
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 2010-001a, sec. 8, adopted 10/10/13; Ordinance adopting 2021 Code)
Sales will be permitted by convenience stores, grocery stores, and liquor stores located in authorized zone(s) as determined by the city council. The current business zone is Highway 31, east and west, within the city limits.
(1) 
Convenience stores and/or grocery stores:
(A) 
Monday through Friday: 7:00 a.m. to 12:00 p.m. midnight.
(B) 
Saturday: 7:00 a.m. to 1:00 a.m. (Sunday).
(C) 
Sunday: 12:00 noon to 12:00 p.m. midnight.
(2) 
Liquor store(s):
(A) 
Monday through Saturday: 10:00 a.m. to 9:00 p.m.
(B) 
Liquor stores are prohibited from selling liquor on New Year's Day and Christmas Day. If New Year's Day or Christmas Day falls on a Sunday, then the prohibition applies to the following Monday.
(Ordinance 2010-001, sec. 5, adopted 4/8/10)
(a) 
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage in a public park.
(b) 
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 and is within 1,000 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 twelfth grade.
(c) 
This section does not apply to the possession of an open container or the consumption at an event duly authorized by the city council and held in compliance with all applicable provisions of this article.
(d) 
The definitions in this article shall apply for purposes of this section.
(Ordinance 2010-001a, sec. 6, adopted 10/10/13)