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.
Ale or malt liquor.
A malt beverage containing more than four percent of alcohol by weight.
Applicant.
A person who submits or files an original or renewal application with the city for a license or permit.
Barrel.
As a standard of measure, means a quantity of beer equal to 31 standard gallons.
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.
Central business district.
A compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted.
Child care facility.
A 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.
Citizen of Texas and citizen of this state.
A person who is a citizen of both the United States and Texas.
Commission.
The state alcoholic beverage commission.
Consignment sale.
(1) 
The delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person receiving the beverages has the right at any time to relinquish possession to them or to return them to the shipper and in which title to the beverages remains in the shipper;
(2) 
The delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person designated as the receiver merely acts as an intermediary for the shipper or seller and the actual receiver;
(3) 
The delivery of alcoholic beverages to a factor or broker;
(4) 
Any method employed by a shipper or seller by which a person designated as the purchaser of alcoholic beverages does not in fact purchase the beverages;
(5) 
Any method employed by a shipper or seller by which a person is placed in actual or constructive possession of an alcoholic beverage without acquiring title to the beverage; or
(6) 
Any other type of transaction which may legally be construed as a consignment sale.
Day care center.
A child care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.
Distilled spirits.
Alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.
Guestroom.
A sleeping room, including any adjacent private living area, in a hotel, which is rented to guests for their use as an overnight accommodation.
Hotel.
The premises of an establishment:
(1) 
Where, in consideration of payment, travelers are furnished food and lodging;
(2) 
In which are located at least ten adequately furnished completely separate rooms with adequate facilities so comfortably disposed that persons usually apply for and receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence; and
(3) 
Which operates a regular dining room constantly frequented by customers each day.
Illicit beverage.
An alcoholic beverage:
(1) 
Manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
(2) 
On which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(3) 
Possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code.
Licensee.
A person who is the holder of a license provided for in this code, or any agent, servant, or employee of that person.
Liquor.
Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero, or barreteago is prima facie evidence that it is liquor.
Manufacturer.
A person engaged in the manufacture or brewing of beer, whether located inside or outside the state.
Mini-bar.
A closed container in a hotel guestroom with access to the interior of the container restricted by a locking device which requires the use of a key, magnetic card, or similar device.
Mini-bar key.
The key, magnetic card, or similar device which permits access to the interior of a mini-bar.
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, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Open container.
A container that is no longer sealed.
Original package.
As applied to beer, means a container holding one barrel, one-half barrel, one-quarter barrel, or one-eighth barrel of beer in bulk, or any box, crate, carton, or other device used in packing beer that is contained in bottles or other containers.
Permittee.
A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
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.
Wine and vinous liquor.
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.
(1996 Code, sec. 14-201; Ordinance adopting Code)
Any person, either by himself or his agent, and/or any firm, corporation or other entity, who violates the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, in all cases arising under this article that govern fire, safety, zoning, or public health and sanitation, including dumping of refuse, shall be fined in a sum not to exceed $2,000.00, and by a fine not exceeding $500.00 in all other cases arising under this article, or by an amount not exceeding the maximum amount allowed by the constitution and laws of the state, as amended. Each day during which such violation continues shall constitute a separate and distinct offense. For any violation of any of the terms or provisions of this article by a corporation, officers and agents actively in charge of the business of such corporation shall be subject to the penalty provided in this section. Any offense defined in this article which has been defined by laws of the state as an offense and for which a penalty has been prescribed shall be punished as provided in state law, and nothing in this article shall be held as fixing any penalty contrary to a penalty provided by the laws of the state.
(1996 Code, sec. 14-208)
The city prohibits the sale of alcoholic beverages in residential zones. All retailers of alcoholic beverages in the city limits are restricted to zones C-1, C-2, M-1 and M-2 as set by the effective zoning ordinance.
(1996 Code, sec. 14-202; Ordinance adopting Code)
(a) 
Distance from public and private schools, churches, and hospitals.
The sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital is prohibited.
(b) 
Distance from day care centers and child care facilities.
The sale of alcoholic beverages by a dealer who holds a wine and beer on-premises permit or a beer on-premises license and is within 300 feet of a day care or child care facility is prohibited.
(c) 
Variances.
The city may also allow variances to the regulation if the council determines that 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 council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
(d) 
Measurement of distances.
The measurement of distances shall be according to the Texas Alcoholic Beverage Code.
(1996 Code, sec. 14-203)
Hours for the sale and consumption of alcoholic beverages shall be the same as the Texas Alcoholic Beverage Code “standard hours” as set out in section 109.32(a)(2), section 105.04, and section 105.05, TABC.
(1996 Code, sec. 14-204)
(a) 
The city secretary shall certify whether the location or address given in the application is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by charter or ordinance.
(b) 
The application presented for certification must have the signature of the state comptroller.
(c) 
The city inspector will measure distances for compliance with this article.
(1996 Code, sec. 14-205)
(a) 
Annual fee.
The annual permit fee for issuing a permit to operate, conduct, and maintain a business establishment selling alcoholic beverages in the city shall be set by the city council from time to time as amendments, in the amount not to exceed the maximum fee which the city is authorized by the Texas Alcoholic Beverage Code, as amended, to charge and collect.
(b) 
Initial fee.
The initial fee shall be the maximum fee which the city is authorized by the Texas Alcoholic Beverage Code, as amended, to charge and collect.
(c) 
Exemption.
A mixed beverage permit is exempt from the payment of the fee imposed by this section during the two-year period following the issuance of the permit as specified in the Texas Alcoholic Beverage Code, as amended.
(1996 Code, sec. 14-206)
(a) 
Authorized activities.
The holder of a temporary wine and beer retailer’s permit may sell for consumption on or off the premises where sold, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.
(b) 
Sales outside permit holder’s county.
A holder of a temporary wine and beer retailer’s permit that sells wine, beer, or malt liquor under that permit in a county other than the county in which the premises covered by the permit required by section 27.04 [subsection (e) of this section] are located must:
(1) 
Purchase the beverages from a distributor or wholesaler authorized under this code to sell the beverages in the county in which the permit holder sells the beverages under this division; and
(2) 
Report to the commission, in the manner prescribed by the commission by rule, the amount of beverages purchased and sold under this subsection, by type.
(c) 
Fee.
The state fee for a temporary wine and beer retailer’s permit is $30.00 and the city fee is $0.00. No refund shall be allowed for the surrender or non-use of the permit.
(d) 
Duration.
A temporary wine and beer retailer’s permit may be issued for a period of not more than four days.
(e) 
Required basic permit.
A temporary wine and beer retailer’s permit may be issued only to a holder of a wine and beer retailer’s permit, a holder of a mixed beverage permit, or a nonprofit historic preservation organization that has been in existence for at least 30 years.
(f) 
Issuance and use; rules and regulations.
(1) 
Temporary wine and beer retailer’s permits are issued by the administrator, the commission, or an authorized representative of the commission. The commission shall adopt rules and regulations governing the issuance and use of temporary wine and beer retailer’s permits.
(2) 
The permits shall be issued only for the sale of authorized alcoholic beverages at picnics, celebrations, or similar events.
(3) 
The administrator or commission may refuse to issue a permit if there is reason to believe the issuance of the permit would be detrimental to the public.
(g) 
Cancellation or suspension of basic permit.
The basic permit under which a temporary wine and beer retailer’s permit was issued may be cancelled or suspended for a violation on the premises covered by the temporary permit that would result in the cancellation or suspension of the basic permit if committed on the premises covered by the basic permit.
(1996 Code, sec. 14-231)
(a) 
Authorized activities.
The holder of a special three-day wine and beer permit may sell for consumption on the premises for which the permit is issued, wine, beer and malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume. Resale is not permitted.
(b) 
Fee.
The state fee is $30.00 and the city fee is $0.00.
(c) 
Issuance.
(1) 
The commission may issue a special three-day wine and beer permit directly to a nonprofit charitable, civic, or religious organization for the temporary serving of wine and beer at a picnic, celebration, or similar event sponsored by the organization.
(2) 
The commission may limit the number of three-day permits issued each calendar year to a single organization.
(d) 
Provisions.
A provision of this code that applies to a wine and beer retailer permit applies to a special three-day wine and beer permit unless the provision conflicts with a provision of this section.
(e) 
Rules.
The commission may adopt rules as necessary to implement and administer this section.
(1996 Code, sec. 14-232)