The term “alcoholic beverage” as used in this article shall have the meaning as defined in the Texas Alcoholic Beverage Code, and shall specifically include beer, wine and mixed beverages, as those terms are defined in the Texas Alcoholic Beverage Code.
(Ordinance 0402-03 adopted 4/14/03)
(a) 
There is hereby levied a permit fee on each premise within the city for which an alcoholic beverage permit is required under the Texas Alcoholic Beverage Code. The amount of the fee shall be one-half of the state fee for each permit issued for premises located within the city. This fee shall be paid by the permittee when the application for such permit, or a renewal thereof, is made to the state.
(b) 
The city adopts those exemptions from the permit and fee requirement as provided in the Texas Alcoholic Beverage Code.
(c) 
Upon payment of the applicable permit fee prescribed in this section to the city secretary and exhibition to the city secretary of a permit duly issued by the state to the applicant or person paying such fee, the city secretary shall, in the name of the city, issue and deliver to such applicant or person a permit to engage in the business in the city of the character described in and authorized by the permit from the state held by such applicant or person. The permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the permit from the state, and shall remain in force only so long as such permit from the state remains in force.
(Ordinance 0402-03 adopted 4/14/03)
The sale of off-premises beer and wine in residential areas is hereby prohibited, in accordance with sections 109.32 and 26.04, Texas Alcoholic Beverage Code. Under this section, residential areas shall mean any property located in the following districts as described in the comprehensive zoning ordinance of the city:
AG-Agricultural Homesites District
R-1-Residential District
R-2-Suburban District
R-4-Residential District
R-6-Residential District (Multi Family)
R-7-Urban Residential District
R-8-Urban Residential District
R-9-Urban Residential District
R-10-Urban Residential District
R-11-Urban Residential District
(Ordinance 0402-03 adopted 4/14/03)
(a) 
Churches and public hospitals.
(1) 
The sale of alcoholic beverages within 300 feet (300 ft.) of a church or public hospital is hereby prohibited.
(2) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(b) 
Day-care center or child-care facility.
(1) 
The sale of alcoholic beverages within 300 feet (300 ft.) of a day-care center or child-care facility is hereby prohibited.
(2) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a day-care center or child-care facility shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business, and in a direct line across intersections.
(c) 
Public schools.
(1) 
The sale of alcoholic beverages within 1,000 feet (1,000 ft.) of a public school is hereby prohibited. The governing body of the city has received a request from the Board of Trustees of the Northwest Independent School District under section 38.007, Education Code, to extend the distance requirement from public schools from 300 feet (300 ft.) to 1,000 feet (1,000 ft.).
(2) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections.
(d) 
Private schools.
(1) 
The sale of alcoholic beverages within 300 feet (300 ft.) of a private school is hereby prohibited.
(2) 
The sale of alcoholic beverages within 1,000 feet (1,000 ft.) of a private school is hereby prohibited if the city council receives a request from the governing body of the private school to extend the distance requirement from 300 feet (300 ft.) to 1,000 feet (1,000 ft.)
(3) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a private school shall be in a direct line from the property line of the private school to the property line of the place of business, and in a direct line across intersections.
(e) 
Exceptions.
The above regulations prohibiting the sale of alcoholic beverages within specified distances from churches, public hospitals, day-care centers, child-care facilities, public schools and private schools are subject to any and all conditions and exceptions established in the Texas Alcoholic Beverage Code.
(Ordinance 0402-03 adopted 4/14/03; Ordinance 0703-03 adopted 7/14/03)
(a) 
Mixed beverage permittee.
The hours of sale for mixed beverages shall be as established by Section 105.03, Texas Alcoholic Beverage Code, as follows. A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell mixed beverages between midnight and 1:00 a.m. and between 10:00 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer. A holder of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.
(b) 
Off-premise beer and wine permittee.
The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer’s off-premise permit as established by Section 105.04, Texas Alcoholic Beverage Code, are the same as those prescribed for the sale of beer under Section 105.05 of the Texas Alcoholic Beverage Code, except that no sale shall be allowed between 2 a.m. and noon on Sunday. Section 105.05 provides as follows:
A person may sell, offer for sale, or deliver beer between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 a.m. and between noon and midnight, except that permittees or licenses authorized to sell for on-premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer. A holder of a retail dealer’s on-premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day.
(Ordinance 0402-03 adopted 4/14/03)
An establishment that derives seventy-five percent (75%) or more of its gross revenue from the on-premises sale of alcoholic beverages is prohibited from operating within the city, in accordance with Section 109.57(d), Texas Alcoholic Beverage Code.
(Ordinance 0402-03 adopted 4/14/03)
Any person found guilty of violating any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, and each and every violation of the various provisions of this article shall constitute a separate offense, as shall each day that such violation continues.
(Ordinance 0402-03 adopted 4/14/03)