It is the purpose of this article to regulate the sale of alcoholic
beverages within the town in accordance with the authority granted
to local municipalities by the state Alcoholic Beverage Code. The
provisions of this article regulate hours of operation, locations,
and minimum distances from schools, churches and other specified land
uses. Additionally, this article establishes a system of local permits
and fees implemented to insure that businesses selling alcoholic beverages
within the town comply with local ordinances and regulations. This
article shall not regulate the practice of home brewers or vintners,
except to the extent that such home brewers and/or vintners shall
offer their products for sale.
(1998 Code, sec. 111.01)
To the extent that words or phrases used in this article are
defined in the Texas Alcoholic Beverage Code, such words or phrases
shall have those same definitions. All other words or phrases shall
be defined according to their ordinary meaning, unless specified otherwise
in this section.
Any "malt liquor" as that term is defined in the Texas Alcoholic
Beverage Code.
A person who prepares, brews, or otherwise makes any wine
or beer on his or her residential property for personal home consumption
only, and not for sale for any purpose.
Locations other than those described in the definition of
"premises," below.
A person who is the holder of a permit provided for in the
Texas Alcoholic Beverage Code, or an agent, servant, or employee of
that person.
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.
(1998 Code, sec. 111.02; Ordinance 2008-7-8F, sec. 1, adopted 7/8/08; Ordinance 2023-13 adopted 6/6/2023)
This section providing hours of operation applies only as permitted
pursuant to section 105.03(c) and (d) of the Texas Alcoholic Beverage
Code (the code). All mixed beverage permittees shall have a valid
retailers late hours certificate as required by section 29.01 of the
code in order to sell and offer for sale mixed beverage between midnight
and 2:00 a.m. on any day.
(Ordinance 2015-22 adopted 8/25/15; Ordinance 2023-13 adopted 6/6/2023)
(a)
Retail businesses engaged in sale of alcoholic beverages (including
without limitation beer and wine). The sale of alcoholic beverages
(including without limitation beer and wine) is permitted only in
a zoning district where retail sales are allowed and not in any single-family
residential area. The minimum distance between retail stores that
offer the sale of beer and wine for off-premises consumption and the
following uses are:
(1)
Schools (public and private): 300 feet. All measurements of
distances are as provided for in state law (property line to property
line and in a direct line across intersections). Day-cares are not
included in the definition of schools.
(2)
Churches: 300 feet. All measurements of distances are as provided
for in state law (along the property lines of the street fronts and
from front door to front door, and in a direct line across intersections).
(3)
Hospitals: 300 feet. All measurements of distances are as provided
for in state law (along the property lines of the street fronts and
from front door to front door, and in a direct line across intersections).
(b)
Restaurants issued food and beverage certificate selling mixed beverages for on-premises consumption only. The sale of mixed beverages in a restaurant by food and beverage certificate holders is allowed in any zoning district where restaurants are allowed. The holder of a permit under this subsection shall not be required to meet distance requirements as set forth in subsection (a) above.
(1998 Code, sec. 111.08; Ordinance 2023-13 adopted 6/6/2023)
(a)
It
shall be unlawful for any person to manufacture, distill, brew, import,
transport, store for purposes of sale, distribute or sell any beer,
wine or mixed beverages within the town unless such person has obtained
a town permit from the office of the town secretary.
(b)
Any person, save and except for home brewers and vintners, wishing to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or mixed beverages must complete a town permit application and pay the application fee as set forth in section 4.02.032.
(c)
The
town secretary shall submit each application to the appropriate town
departments, as determined by the town manager, to ensure that the
application complies with all town ordinances and regulations, including
this article.
(d)
After approval by all necessary town departments, the application shall be deemed approved and the town secretary shall issue a town permit upon payment by the applicant of the initial permit fee as set forth in section 4.02.032.
(e)
Applications
and permits shall be kept on file in the town secretary’s office.
(1998 Code, sec. 111.04)
(a)
The town initial permit fee shall be equal to one-half of the
state fee required by the state alcoholic beverage commission of every
person that may be issued any state permit or license for the manufacture,
distilling, brewing, importing, transporting, storing, distributing
or sale of any alcoholic beverage, unless a different fee is allowed
or required by state law. No town permit may be issued unless the
initial permit fee is received.
(b)
Notwithstanding subsection (a), above, or any other provision of this article, the initial permit fee for a mixed beverage permit shall not be charged and permit renewal fees for a mixed beverage permit shall not be charged during the three-year period following the issuance of the initial permit.
(c)
The town secretary shall issue a receipt for the initial permit
fee and keep a record of the same in the town secretary's office.
(d)
Subject to the exception for a mixed beverage permit stated in subsection (b), above, a person who sells an alcoholic beverage without first having paid an applicable permit fee under this section commits a misdemeanor punishable by a fine of up to $200.00, with each day of such violation being a separate offense.
(1998 Code, sec. 111.05; Ordinance 2023-13 adopted 6/6/2023)
(a)
All town-issued 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)
The town shall require payment of an annual permit renewal fee
by all establishments selling alcoholic beverages within the town.
The permit renewal fee shall be equal to one-half of the state fee
required by the state alcoholic beverage commission of every person
that may be issued any state permit or license for the manufacture,
distilling, brewing, importing, transporting, storing, distributing
or sale of any alcoholic beverage, unless a different fee is allowed
or required by state law. Notwithstanding the foregoing or any other
provision of this article, the permit renewal fee for a mixed beverage
permit shall not be charged during the three-year period following
the issuance of the initial permit.
(c)
The town secretary may cancel a permit if a permittee fails
to pay the permit renewal fee. The town secretary shall send notice
of such cancellation to the address on file with the permit application.
(d)
Subject to the exception for a mixed beverage permit stated in subsection (b), above, a permittee who sells an alcoholic beverage without first having paid the permit renewal fee under this section commits a misdemeanor punishable by a fine of up to $200.00, with each day of such violation being a separate offense.
(1998 Code, sec. 111.06; Ordinance 2023-13 adopted 6/6/2023)
