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.
Applicant.
Each member of a partnership or association and all officers
and the owner or owners of the majority of the corporate stock of
a corporation as of the date of the application.
Place of Business.
The location of the business identified in the application
for the permit or license to sell alcohol under this article.
(Ordinance 1212 adopted 12/3/12)
This article shall be construed to be consistent with the Texas
Alcoholic Beverages Code, rules, and regulations promulgated under
its authority.
(Ordinance 1212 adopted 12/3/12)
A person commits an offense if the person sells, stores, 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 1212 adopted 12/3/12)
(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:
(5) A
religious institution; or
(b) Distances
under this section shall be calculated using the method prescribed
by the Texas Alcoholic Beverage Code.
(Ordinance 1212 adopted 12/3/12)
Any business that sells alcoholic beverages is allowed to do
so only after obtaining the necessary permits as set forth herein
and must be located within the local retail (C-1) zone.
(Ordinance 1212 adopted 12/3/12)
(a) Minimum
distances from certain uses does not apply to:
(1) The
renewal or transfer of a permit or license to sell alcoholic beverages,
if the permit or license being renewed or transferred was originally
issued before the date a private school, religious institution, public
hospital, day-care center, or child-care facility use was established
within 300 feet or a public school use was established within 1,000
feet from the place of business named in the permit or license; or
(2) A
new application at a location, if the sale of alcoholic beverages
at the proposed place of business was authorized not less than one
year before the date a private school, church, public hospital, day-care
center, or child-care facility use was established within 300 feet
or a public school use was established within 1,000 feet from the
place of business, and the new application is filed no later than
90 days after the previous permit or license authorizing the sale
of alcoholic beverages at that location expired or was terminated.
(b) Minimum
distances from certain uses does not apply to a permit of license
holder who sells alcoholic beverages if:
(1) The
permit or license holder’s place of business and the private
school, day-care center or child-care facility are located on different
stories of a multistory building; or
(2) The
permit or license holder’s place of business and the private
school or day-care center or child-care facility are located in separate
buildings and either the permit or license holder’s place of
business or the private school or day-care center or child-care facility
is located on the second story or higher of a multistory building.
(Ordinance 1212 adopted 12/3/12)
Hours for the sale and consumption of alcoholic beverages shall
be the same as the Texas Alcoholic Beverage Code “standard hours”
as set out in Section 109.32(a)(2), Section 105.04 and Section 105.05,
TABC.
(Ordinance 1212 adopted 12/3/12)
(a) Every
holder of any alcoholic beverage permit or license issued by the state
under the Alcoholic Beverage Code of the state and doing business
within the corporate city limits shall be required to have a similar
permit or license from said city subject to the exceptions specifically
provided in the Alcoholic Beverage Code. The permit or license to
be issued by the city shall be in such form as may be provided by
the city secretary, and each applicant for such permit shall make
application upon the form to be provided by the city. The permit or
license shall be issued by the city secretary upon authorization by
the city manager and shall cover the same transactions or activities
described in the applicant’s state permit or license. The city
permit or license shall, unless sooner revoked, remain in effect for
one (1) year from the date of its issuance and shall not be transferable
or assignable to other permittees or licensees. It may, upon application
to the city secretary, reflect a change of address at which the activity
is to be conducted. A separate city permit or license shall be required
for each separate location at which the proposed activity is to be
conducted.
(b) In order
to secure the necessary permit or license, the applicant shall:
(1) Demonstrate
to the city secretary a state certificate or license, in full force
and effect, issued to the applicant;
(2) Submit
to the city secretary, in duplicate, the application hereinafter described;
and
(3) Make
payment of the fee required under this article.
(c) The
city secretary shall deliver one (1) copy of the application to the
city manager who shall, within three (3) working days, recommend to
the city secretary the approval or disapproval of the application.
If the application is disapproved, the permit or license shall not
be issued. If an application is refused, the applicant shall have
five (5) days in which to file written appeal with the city secretary,
appealing such ruling to the city council. The city council, at its
next regular meeting or at a special meeting to be held without unnecessary
delay, shall hear testimony from the applicant and the city manager,
to determine whether good cause existed for denying such permit or
license. If good cause for such refusal is found to exist, no permit
or license shall be issued.
(Ordinance 1212 adopted 12/3/12)
(a) Unless
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 or license fee in an amount equal to the maximum fee which
the city is authorized to charge and collect, pursuant to Section
11.38 of the Texas Alcoholic Beverage Code, as amended.
(b) An applicant shall pay the fees established under subsection
(a) to the city secretary 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 commit
a class C misdemeanor punishable in accordance with this article.
(d) The
city secretary 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 certificate or license issued by the state.
(Ordinance 1212 adopted 12/3/12)
An offense under this article is a class C misdemeanor, punishable
by a fine of up to $500.00.
(Ordinance 1212 adopted 12/3/12)