There is hereby levied and assessed against every person holding
a state license or permit for the sale of alcoholic beverages, as
defined by state law, within the city, a fee equal to one-half (1/2)
of the fee levied by the state for said license or permit as authorized
in V.T.C.A., Alcoholic Beverage Code, sections 11.38 and 61.36, and
being subject to the exceptions contained in said sections.
(1978 Code, sec. 5-1; Ordinance
adopting Code)
(a)
The
sale of any alcoholic beverages is hereby prohibited within the city
where the place of business of any such dealer is within three hundred
(300) feet of any church, school or public hospital existing at the
time of commencement of such business, or any “proposed”
church, school or public hospital, the proposal of which may exist
at the time of commencement of business; provided, however, that said
church, school or public hospital or “proposed” church,
school or public hospital shall exist before the date of the filing
of the application with the alcoholic beverage commission for a permit
to engage in the business of selling alcoholic beverages; the measurements
to be along the property lines of street fronts and from front door
to front door and in direct line across intersections where they occur.
(1)
The term “proposed” used herein shall apply only to the
proposed construction or remodeling of any building to be used for
a school, church or public hospital and further providing that a building
permit shall have been issued by the city for said construction or
remodeling, and that the actual construction shall begin within thirty
(30) days from the date of issuance of said permit and prosecuted
with due diligence thereafter. In the event the construction or the
remodeling is delayed for any period greater than thirty (30) days,
same shall not be construed as “proposed” construction
or remodeling.
(2)
The phrase “from front door to front door” refers to
any door of the church, school, public hospital or dealer’s
place of business as said institutions and dealer’s place of
business may have several front doors and may face on two (2) or more
streets.
(b)
The
provisions of this section shall not be construed to require the cancellation
of a license or a permit of any dealer engaged in the sale of alcoholic
beverages where dealer’s place of business is less than three
hundred (300) feet from a church, school or public hospital; provided,
however, that dealer’s place of business was established prior
to the passage of the ordinance from which this section is derived
(December 12, 1960) or the application for a dealer’s permit
or license was filed with the alcoholic beverage commission before
the building of any future church, school or public hospital or “proposed”
church, school or public hospital as provided herein.
(1978 Code, sec. 5-2)
Consistent with the provisions of chapter 105 of the Alcoholic
Beverage Code of the state, which provides for extended hours of sale
and consumption of beer, wine, and liquor by the glass, such sales
and consumption are hereafter allowed at any place permitted by the
state for sales of those alcoholic beverages, between the hours of
12:00 midnight and 2:00 o’clock a.m.
(Ordinance 799 adopted 9/10/18)
