(a)
The sale of any alcoholic beverages, malt, vinous or spirituous liquors is hereby prohibited within the corporate limits of the city where the place of business of any such dealer is within three hundred (300) feet of any church, public hospital, or school existing at the time of the passage of the ordinance from which section 4.02.033 was derived or any church, public hospital, or school or proposed church, public hospital, or school that may hereafter exist; providing, however, that church, public hospital, or school or proposed church, public hospital, or school shall exist before the date of the filing of the application with the city secretary for a license or permit to engage in the business of selling malt, vinous, or spirituous liquors.
(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 nearest doorway by which the public
may enter the place of business, along street lines and in a direct
line across intersections. For any permit or license covering premises
where minors are prohibited from entering the premises under V.T.C.A.,
Alcoholic Beverage Code section 109.53, the measurement of the distance
between the premises and a public school 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)
Every
applicant for an original alcoholic beverage license or permit for
a location with a door by which the public may enter the place of
business of the applicant that is within one thousand (1,000) feet
of the nearest property line of a public school, measured along street
lines and directly across intersections, must give written notice
of the application to officials of the public school before filing
the application with the state commission. A copy of the notice must
be submitted to the state commission with the application. This subsection
does not apply to a permit or license covering premises where minors
are prohibited from entering the premises under V.T.C.A., Alcoholic
Beverage Code section 109.53.
(d)
As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a), but not subsection (c), of this section, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. This subsection applies only as the place of business is continuously in operation from that date, whether or not under the same license or permit.
(1989 Code, sec. 3-6; Ordinance
adopting 2016 Code)
(1965 Code, sec. 3-2; Ordinance
adopted 8/1/95, sec. 1; 1989 Code,
sec. 3-1; Ordinance adopting 2016 Code)
The term of the permit shall be one (1) year, and no permit shall be granted for a longer period of time. Such permit may be renewed by complying with all the provisions of section 4.02.031.
(1965 Code, sec. 3-3; 1989 Code,
sec. 3-2)
Any person desiring to manufacture, sell or distribute alcoholic beverages within the corporate limits of the city shall file with the city secretary an application, made under oath, for a license or permit. Such application shall be made on a form furnished by the city secretary and shall state the name and address of the applicant; the address where such applicant desires to manufacture, sell or distribute alcoholic beverages; whether or not the principal business of the applicant is the sale of alcoholic beverages; whether or not the place of business of the applicant where such alcoholic beverages are to be sold is within three hundred (300) feet of any church, public hospital, school or other educational institution, as measured pursuant to section 4.02.001; and whether such applicant desires to do business as a manufacturer, a general distributor, a local distributor or a retail dealer.
(1965 Code, sec. 3-16; 1989 Code,
sec. 3-3; Ordinance adopting 2016 Code)
No license or permit required by this article shall be issued
by the city secretary unless the applicant presents to him or her
a license or permit duly issued to such applicant by the county tax
collector authorizing such applicant to manufacture, sell or distribute
alcoholic beverages in the county, which county license or permit
shall be in full force and effect at the time of the application for
a license or permit under this article, and which license or permit
shall be examined by the city secretary and returned to the applicant.
(1965 Code, sec. 3-17; 1989 Code,
sec. 3-4)
Upon compliance with all provisions of this article and subject to section 4.02.036, the city secretary shall issue a license or permit required by this article to the applicant therefor. Such license or permit shall be signed by the city secretary, under the seal of the city, shall be dated, and shall state on the face thereof for what it is issued, how much was paid for the same, the date of expiration, and by whom and where such business is to be conducted. The license or permit shall further state whether or not the holder is authorized to operate as a manufacturer, general distributor, local distributor or retail dealer of alcoholic beverages, as set out in the application of such applicant, and, if a dealer, it shall state whether or not the principal business of such holder is the sale of alcoholic beverages.
(1965 Code, sec. 3-19; 1989 Code,
sec. 3-5)
If the principal business of an applicant for a license or permit under this article is to be the selling of alcoholic beverages, and if the city secretary determines that such place of business is within three hundred (300) feet of a church, public hospital, school or other educational institution, as measured as provided in section 4.02.001, then the city secretary shall not issue a license or permit to such applicant. If a license or permit is erroneously issued under such conditions, it shall be revoked by the city secretary immediately upon discovery of such error.
(1965 Code, sec. 3-20; 1989 Code,
sec. 3-7; Ordinance adopting 2016 Code)
A license or permit issued under this article shall be posted
in a conspicuous place on the premises of the holder where his or
her business is conducted.
(1965 Code, sec. 3-21; 1989 Code,
sec. 3-8)
No license or permit issued under this article shall be voluntarily
assigned more than once, and, before any assignee of any such license
or permit may engage in business thereunder, he or she shall fully
comply with the provisions of this article to the same extent as required
of the original holder. In case an original holder or his or her assignee
desires to change the place designated in such license or permit,
he or she may do so by applying to the city secretary as in the case
of the original application for such license or permit.
(1965 Code, sec. 3-22; 1989 Code,
sec. 3-9)
Any license or permit issued under the terms of this article shall terminate one (1) year from the date issued, and no license or permit shall be issued for a longer term than one (1) year. Any such license or permit may be renewed upon written application filed with the city secretary not more than thirty (30) days prior to the date of the expiration of the license or permit held. Such application shall be in writing and filed by the applicant and shall contain full and complete information as set out and required in the original application upon which such original license or permit was issued. The renewal application shall be accompanied by a fee in the amount provided in the fee schedule in appendix A of this code. No such renewal license or permit shall be issued unless and until the applicant shall exhibit to the city secretary his or her renewal license or permit issued by the county tax collector. Upon compliance with the foregoing requirements by such applicant, it shall be the duty of the city secretary to issue the license or permit as applied for in the same manner as the original license or permit was issued.
(1965 Code, sec. 3-23; 1989 Code,
sec. 3-10; Ordinance adopting 2016 Code)
No manufacturer, general distributor, local distributor or retail
dealer shall carry on such business at more than one (1) place under
the same license or permit, but a separate license or permit must
be obtained under this article for each place of business conducted
for such purpose or any of them.
(1965 Code, sec. 3-24; 1989 Code,
sec. 3-11)
The city secretary shall keep a permanent record of all licenses
and permits issued under the terms of this article. Such record shall
state the names and addresses of all persons to whom licenses and
permits are issued, the address of the place of business, the classification
of each license or permit, the date such license or permit was issued
and the amount paid therefor. The city secretary shall also keep a
permanent record of all transfers of such licenses and permits and
of all such licenses and permits cancelled or revoked and the full
details of such transactions.
(1965 Code, sec. 3-25; 1989 Code,
sec. 3-12)
