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:
(1) 
Public school;
(2) 
A private school;
(3) 
A day-care center;
(4) 
A child-care facility;
(5) 
A religious institution; or
(6) 
A public hospital.
(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)