A person commits an offense if the person sells, stores, handles for the purpose of sale, an alcoholic beverage as follows:
(1) 
No person may manufacture, distribute or sell an alcoholic beverage in the city without paying the appropriate fees and first obtaining the permit or license of the type required for the exercise of the privilege from the Texas Alcoholic Beverage Commission.
(Ordinance 531 adopted 11/18/14)
(a) 
Except as provided by the Texas Alcoholic Beverage Code, a person may not sell or engage in the business of selling alcoholic beverages at a place if the main business operations are located within 300 feet from the following:
(1) 
A private school defined as a school founded and maintained by a private group rather than the government.
(2) 
A public school defined as a school maintained at public expense.
(3) 
A daycare center defined as a nursery for the supervision of pre-school children.
(4) 
A childcare facility defined as childcare (or “childcare,” “child minding,” “daycare,” or “preschool”) is the caring for and supervision of a child or children, usually from age six weeks to age thirteen.
(5) 
A church defined as a building designed for public forms of worship.
(b) 
The distance regulations applicable for churches, public schools, and private schools in this section do not apply to the holder of:
(1) 
A license or permit who also holds a food and beverage certificate covering a premises that is located within 300 feet of a private school; or
(2) 
A license or permit covering a premises where minors are prohibited from entering under section 109.53 and that is located within 300 feet of a private school.
(c) 
The distance regulations applicable in relation to a daycare center or childcare facility apply only to a permit or license holder under chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate.
(d) 
The distance regulations applicable for daycare centers and childcare facilities as noted above in this section do not apply to a permit or license holder who sells alcoholic beverages if:
(1) 
The permit or license holder and the daycare center or childcare facility are located on different stories of a multistory building; or
(2) 
The permit or license holder and the daycare center or childcare facility are located in separate buildings and either the permit or license holder or the daycare center or childcare facility is located on the second story or higher of a multistory building.
(e) 
The 300 foot distance shall be measured as provided in chapter 109, Texas Alcoholic Beverage Code.
(Ordinance 531 adopted 11/18/14)
No person may consume an alcoholic beverage on city-owned property and other public places which are public parks, streets, alleys and parking lots. The city council may grant an exception to this provision for special events.
(Ordinance 531 adopted 11/18/14)
(a) 
Pursuant to the authority granted to cities in section 11.38, TABC, there is hereby prescribed and levied an annual permit fee for each premises located within the city that is required to obtain and hold a permit issued under the provisions of chapter 11, TABC. Such annual fee is hereby established as an amount equal to one-half (50%) of the annual state permit fee payable for and with respect to each such premises, save and except the applicable exemptions to the fee identified in section 11.38(d), as amended, shall apply.
(b) 
Pursuant to the authority granted to cities in section 61.36, TABC, there is hereby prescribed and levied an annual license fee for each premises located within the city that is required to obtain and hold a permit issued under the provisions of chapter 61, TABC. Such annual license fee is hereby established as an amount equal to one-half (50%) of the annual state license fee payable for and with respect to each such premises.
(Ordinance 531 adopted 11/18/14)
All fees required pursuant to this article shall be paid in advance to the city secretary for two (2) years at the same time that the state annual renewal fee is due and payable. The city secretary shall issue an appropriate receipt for the payment of each such fee and the holder of the state permit or license involved shall display such receipt in some conspicuous place on the premises in the same manner that the applicable state license or permit is displayed.
(Ordinance 531 adopted 11/18/14)
For the purposes of obtaining a recommendation as provided for in section 11.41, TABC, every person, firm or entity making application for a permit, pursuant to chapters 11 or 61, TABC, within the city, shall be required to provide such information as may be reasonably required, including a copy of the application made to the alcoholic beverage commission (the “commission”) and a personal history, to the chief of police. The chief of police shall review such application and materials, make such reasonable investigation as is deemed prudent, and make a written recommendation pursuant to section 11.41, TABC. In the event the chief of police makes written objection to the issuance of any such permit or license, such recommendation shall be communicated to the commission and no city permit or license shall be issued by the city on such application until such time, if any, as the commission shall grant the requested permit or license.
(Ordinance 531 adopted 11/18/14)