(a) A
word defined in the Texas Alcoholic Beverage Code has the meaning
it has in the Texas Alcoholic Beverage Code, except as otherwise specifically
provided in this article.
(b) “Place
of business” means the location of the business identified in
the application for the permit or license to sell alcohol under this
article.
(Ordinance 2018-0123-2 adopted 1/23/18)
A person who violates this article commits an offense punishable under section
1.01.009 of this code. An offense under this article is a class C misdemeanor.
(Ordinance 2018-0123-2 adopted 1/23/18)
This article shall be construed to be consistent with the Texas
Alcoholic Beverage Code and rules and regulations promulgated under
its authority.
(Ordinance 2018-0123-2 adopted 1/23/18)
A person commits an offense if the person sells, stores, or
handles for the purpose of sale an alcoholic beverage unless the use
is authorized by and complies with the applicable provisions of the
city code and the Texas Alcoholic Beverage Code.
(Ordinance 2018-0123-2 adopted 1/23/18)
(a) Except
as provided by the Texas Alcoholic Beverage Code, a person may not
sell or engage in the business of selling an alcoholic beverage at
a place of business located within 300 feet from the following:
(b) Distances
under this section shall be calculated using the method prescribed
by the Texas Alcoholic Beverage Code.
(Ordinance 2018-0123-2 adopted 1/23/18)
(a) Unless
the state law exempts a permittee or licensee from payment of a fee
established by this section, a permittee or licensee must pay the
city an annual permit and license fee of $75.00 (seventy-five dollars).
(b) An applicant shall pay the fees established under subsection
(a) to the code enforcement officer no later than the 30th day after the date the applicant’s payment of a state permit or license fee is due.
(c) A
permittee or licensee who sells an alcoholic beverage at a business
location before the applicant pays the fees established by this section
commits a class C misdemeanor punishable in accordance with this chapter.
(d) The
code enforcement officer shall issue and deliver a receipt under this
section to the permittee or licensee authorizing the sale of alcoholic
beverages under this article and a state permit or license, if the
permittee or licensee:
(1) Pays the fees established by subsection
(a); and
(2) Exhibits the permit or license issued by the state.
(e) The
code enforcement officer shall have the authorization to assess a
filing fee for all permits.
(Ordinance 2018-0123-2 adopted 1/23/18; Ordinance
2023-0926-3 adopted 9/26/2023)
(a) All
holders of a current private club late hours permit as issued by the
state alcoholic beverage commission, pursuant to chapter 33 of the
state Alcoholic Beverage Code, V.T.C.A., shall be permitted to allow
persons to consume or be serve alcoholic beverages on club premises
on Sunday between the hours of 1:00 a.m. and 2:00 a.m., and on or
any other date between the hours of 12 midnight and 2:00 a.m., provided
that the holder of such private club late hours permit shall be in
compliance with all other applicable requirements and laws of the
state Alcoholic Beverage Code (aka ABC).
(b) This
section is intended only to extend the hours that holders of private
club late hours permits from the state alcoholic beverage commission
can allow persons to consume or be served alcoholic beverages on club
premises within the limits of the city and is not in any way intended
to limit the hours and/or times that holders of private club late
hours permits from the state alcoholic beverage commission can allow
persons to consume or be served alcoholic beverages as already provided
under applicable state law, inclusive of the state Alcoholic Beverage
Code.
(Ordinance 2018-0123-2 adopted 1/23/18)
(a) It
shall be lawful for any person within the corporate limits of the
city to consume any alcoholic beverage in a public place or to possess
any alcoholic beverage in a public place for the purpose of consuming
the same in such public place during the extended hours granted by
the Texas Liquor Control Act, as amended, provided that a permit is
applied for from city hall and is approved by the Code of Ordinances
board.
(b) The
consumption or possession of open alcoholic containers in all private
parking lots that have public access within the city is prohibited.
(c) It
shall be lawful for the holder of a private club late hours permit
within the corporate limits of the city to permit persons to consume
or be served alcoholic beverages during the extended hours granted
by the Texas Liquor Control Act, as amended.
(d) Permits
issued shall expire one (1) year from the date of issue and shall
be renewable upon filing of a new application.
(e) Any person convicted of violating any provisions of this section shall be punished by a fine according to section
1.01.009 of this code.
(Ordinance 2018-0123-2 adopted 1/23/18)