For the purposes of this article, all definitions of words, terms, and phrases as set forth in the Texas Alcoholic Beverage Code are hereby adopted and made a part hereof.
(Ordinance 426 adopted 1/28/14)
This article shall be construed to be consistent with the Texas Alcoholic Beverage Code, section 1.01, et seq., and rules and regulations promulgated under its authority.
(Ordinance 426 adopted 1/28/14)
It shall be unlawful for any person to sell, dispense, or deliver, or cause to be sold, dispensed, or delivered, any beer, liquor, or any intoxicating beverage within the city except as authorized by this article.
(Ordinance 426 adopted 1/28/14)
The sale of alcoholic beverages shall be permitted on the following described locations in the city limits which are not prohibited by any other section of this article:
(1) 
All property adjoining U.S. Highway 287, and specifically including lots 1, 2, and 3 of block 86, Original Town of Clarendon;
(2) 
All property adjoining Texas Highway 70 North from U.S. Highway 287 to the city limits; and
(3) 
All property located within the central business district pursuant to chapter 14 of this code.
(Ordinance 426 adopted 1/28/14)
(a) 
It shall be unlawful for any person to sell or engage in the business of selling intoxicating liquor, beer, or wine within the city, whose place of business is within 300 feet from the following:
(1) 
The main house of worship of a church;
(2) 
A public or private school; or
(3) 
A licensed daycare center or child care facility.
(b) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the church 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 a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections.
(d) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a licensed daycare center or child care facility shall be the same as the provisions relating to a public school, except as otherwise provided by section 109.331 of the Texas Alcoholic Beverage Code.
(e) 
Application of distance requirements:
(1) 
Any distance requirements not specified in this article shall be calculated using the method prescribed by the Texas Alcoholic Beverage Code.
(2) 
If at the time an original alcoholic beverage permit or license is granted for a premises, the premises satisfies the requirements regarding distance from schools, churches, and other type of premises established in this code and any other law of the state in effect at that time, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.
(3) 
On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license.
(4) 
Subsection (e)(3) does not apply to the satisfaction of the distance requirement prescribed by subsection (a) for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license, subsection (e)(3) does apply to the holder’s surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license.
(5) 
Subsection (e)(2) does not apply to the satisfaction of the distance requirement prescribed by section (a) for a public school if the holder’s permit or license has been suspended for a violation occurring after September 1, 1995, of any of the following provisions of the Texas Alcoholic Beverage Code:
(A) 
Sections 11.61(b)(1), (6)–(11), (13), (14), or (20); or
(B) 
Sections 61.71(a)(5)–(8), (11), (12), (14), (17), (18), (22), or (24).
(f) 
Variances.
The procedures of this subsection must be followed to process and grant an application for a variance to the spacing requirements of subsection (a) pursuant to Texas Alcoholic Beverage Code section 109.33(e).
(1) 
Application.
An applicant for a variance shall submit the following information to the director of the department of sustainable development and construction:
(A) 
The name of the owner of the property where the alcohol business will be located.
(B) 
The name and address of the applicant for the alcohol permit.
(C) 
The type of alcohol permit to be applied for.
(D) 
The name and address of the church, public or private school, licensed daycare center, or child care facility that creates the need for the variance.
(E) 
A survey showing the location and distances of the business where alcohol will be sold, the front door of the business where alcohol will be sold, the location of the church, public or private school, licensed daycare center, or child care facility, and the front door of the church, public or private school, licensed daycare center, or child care facility.
(F) 
A statement of why the variance meets the standard of subsection (4)(D).
(G) 
Any other information the director of the department of sustainable development and construction deems necessary.
(2) 
Fee.
A nonrefundable fee of $500.00 must be paid to the city when the application for a variance is filed.
(3) 
Hearing.
The city administrator shall set a date for a public hearing before the city council within 60 days after a complete application is filed. Not less than 10 days before the public hearing, the city administrator or his/her designee shall:
(A) 
Publish notice of the public hearing in a newspaper of general circulation;
(B) 
Provide notice of a request for a variance from this subsection to owners of property within three hundred feet (300') of the business. The notice area for a variance request relating to a church, licensed daycare center, or child care facility shall be measured in a direct line from the front door of the place of business. The notice area for a variance request relating to a public or private school shall be measured in a direct line from the property line of the place of business. The notice shall be sent via regular United States mail not less than ten (10) days before the date set for hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll; and
(C) 
Provide notice of the public hearing to the church, public or private school, licensed daycare center, or child care facility that creates the need for the variance.
(4) 
Standard for approval.
The city council may, but is not required, to allow variances to the spacing requirements of subsection (a) if the city council finds that:
(A) 
The application is for a wine and beer retailer’s off-premises permit pursuant to Texas Alcoholic Beverage Code chapter 26;
(B) 
The front door of the business where alcoholic beverages will be sold does not face the property of a church, public or private school, licensed daycare center, or child care facility;
(C) 
Alcoholic beverages will not be sold by drive-in or drive-through service; and
(D) 
Enforcement of the spacing requirements in this particular instance:
(i) 
Is not in the best interest of the public;
(ii) 
Constitutes waste or inefficient use of land or other resources;
(iii) 
Creates an undue hardship on an applicant for an alcohol permit;
(iv) 
Does not serve its intended purpose;
(v) 
Is not effective or necessary; or
(vi) 
For any other reason that the city 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.
(5) 
Conditions.
City council may impose reasonable conditions on the granting of a variance and may require development pursuant to a site plan.
(Ordinance 426 adopted 1/28/14; Ordinance 469 adopted 5/11/17)
(a) 
It shall be unlawful for any person to manufacture, brew, distill, sell, or distribute any wine, beer, liquor, or other alcoholic beverage within the city, or engage in any other activity for which a license or permit is required by the Texas Alcoholic Beverage Code (this includes a private club permit), without first obtaining a license or permit to do so from the city.
(b) 
Except as otherwise provided by the Texas Alcoholic Beverage Code, each holder of a state permit issued pursuant to the provisions of the Alcoholic Beverage Code shall pay to the city a fee equal to one-half the fee paid to the state for such permit.
(c) 
Upon payment of the fee to the city secretary and exhibition of a state permit the city secretary shall, in the name of the city, issue and deliver to the state permit holder a permit to engage in the same type of business in the city as is described on the state permit. The city permit so issued shall remain in force only so long as the state permit remains in force.
(d) 
No permit shall be issued by the city under this section if the applicant owes any delinquent taxes or other funds to the city. The term “applicant” includes each member and all officers of a partnership or association, the owner of the majority of the corporate stock of a corporation, and the manager of the business for a corporation.
(e) 
All fees levied by this section are due and payable at the time a request or application for a city permit is submitted to the city secretary.
(f) 
It shall be unlawful for any person licensed to sell alcoholic beverages at retail, other than a manufacturer or distributor, to use or display a license or to exercise any privilege granted by a license except at the place, address, premises, and location for which the license is granted. The license shall be displayed at all times in some conspicuous place at the business so licensed to operate.
(g) 
No permit or license may be assigned or transferred by the bolder thereof.
(Ordinance 426 adopted 1/28/14)
(a) 
Generally.
It shall be unlawful for any person to consume any alcoholic beverage in any public place, or for any person to possess any alcoholic beverage in any public place for the purpose of consuming the same in such public place, at any time on Sunday between the hours of 1:15 a.m. and 12:00 noon, and on all other days at any time between the hours of 12:15 a.m. and 7:00 a.m.
(b) 
Private clubs.
It shall be unlawful for any private club to cause, permit, or allow any person to consume or be served any alcoholic beverages on the club premises at any time on Sunday between the hours of 1:15 a.m. and 10:00 a.m. with the serving of food or 1:15 a.m. and 12:00 noon without the serving of food.
(Ordinance 426 adopted 1/28/14)
It shall be unlawful for a person to consume or have in his possession any alcoholic beverage in a public park, ball field, or any property owned by the Clarendon Consolidated Independent School District.
(Ordinance 426 adopted 1/28/14)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Open container.
Includes bottles or other containers of alcoholic beverages which have had the seal broken, but have the cap or lid on the container, and shall also include containers such as cups, mugs, glasses, thermos bottles, and flasks.
Possession.
Includes being in close proximity to an open container or alcoholic beverage and not just the physical possession of said container.
Place of business.
The location of the business identified in the application for the permit or license to sell alcohol under this article.
(Ordinance 426 adopted 1/28/14)
(a) 
Any person violating the provisions of this article shall be guilty of a violation and, upon conviction, shall be fined any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
(b) 
In addition to the penalty set forth in subsection (a) above, a violation of this article shall cause any room, building, structure, or place of any kind where alcoholic beverages are sold, bartered, stored, possessed, or consumed in violation of this article or the Texas Alcoholic Beverage Code, or under conditions of the circumstances contrary to the purposes of this article or the Texas Alcoholic Beverage Code, to be declared a common nuisance, and any person who maintains, assists in maintaining, or permits the violation of this article or the Texas Alcoholic Beverage Code shall be guilty of a violation of this article and action may be maintained by the city to abate and enjoin said nuisance.
(Ordinance 426 adopted 1/28/14)