(a)
Sale of all alcoholic beverages for off-premises consumption only, within the city limits is authorized subject to rules, regulations, permits and licenses and other provisions as provided by the Texas Alcoholic Beverage Code, this article and the zoning laws set forth in chapter 14 of this code, as amended.
(b)
The
hours of sale of alcoholic beverages for off-premises consumption,
and for possession and consumption of alcoholic beverages shall be
in accordance with the Texas Alcoholic Beverage Code, and in particular,
chapter 105 of said code.
(Ordinance 2008-12 adopted 12/2/08)
All definitions as set forth in the Texas Alcoholic Beverage
Code are hereby adopted in the construction of this article.
In accordance with the Texas Human Resources Code Ann. section
42.002 (Vernon’s 2001), this facility must be licensed, certified,
or registered by the state department of human services to provide
assessment, care, training, education, custody, treatment, or supervision
for a child who is not related by blood, marriage, or adoption to
the owner or operator of the facility, for all or part of the 24-hour
day, whether or not the facility is operated for profit or charges
for the services it offers.
In accordance with the Texas Human Resources Code Ann. section
42.002 (Vernon’s 2001), this facility is a childcare facility
that provides care for more than 12 children under 14 years of age
for less than 24 hours a day.
In accordance with the Texas Government Code Ann., section
821.001 (Vernon’s 2004), a public school is an educational institution
or organization in this state that is entitled by law to be supported
in whole or in part by state, county, school district, or other municipal
corporation funds.
(Ordinance 2008-12 adopted 12/2/08)
The sale of alcoholic beverages is a privilege, and this article
is not intended to give any person a vested right to engage in such
business. The Texas Alcoholic Beverage Code shall be controlling in
the event any provisions of this article are in conflict with said
code.
(Ordinance 2008-12 adopted 12/2/08)
(a)
Except
as otherwise provided in the Texas Alcoholic Beverage Code, each holder
of a state permit or license issued pursuant to the Texas Alcoholic
Beverage Code shall pay to the city a fee equal to one-half the fee
paid to the state for such permit or license.
(b)
All
fees levied by this section are due and payable at the time in which
the state license and permit fees are due.
(c)
The
code enforcement officer shall notify the state liquor control board
of any person failing or refusing to pay the license or permit fee
and request cancellation of the license or permit of such person in
accordance with the Texas Alcoholic Beverage Code Ann., section 61.36
(Vernon’s 2007).
(Ordinance 2008-12 adopted 12/2/08)
(a)
No
person shall sell alcoholic beverages if the place of business is
within three hundred (300) feet of any church, public school or public
hospital.
(b)
This
subsection establishes additional criteria regarding the sale of alcoholic
beverages and shall apply only to a permit or license holder, under
chapter 25 (Wine and beer retailer’s permit) of the Texas Alcoholic
Beverage Code, who does not hold a food and beverage certificate.
Except as provided in this subsection, no person shall sell alcoholic
beverages in a place of business within three hundred (300) feet of
a childcare facility or a daycare center, excluding the holder of
the following:
(1)
The permit or license holder and the childcare facility or daycare
center are located on different stories of a multistory building;
or
(2)
The permit or license holder and the childcare facility or daycare
center are located in separate buildings and either the permit or
license holder or the childcare facility/daycare center is located
on the second story or higher or a multistory building.
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A childcare facility or daycare center does not apply to foster
group homes, foster family homes, family homes, agency group homes,
or agency homes as those terms are defined in the Texas Human Resources
Code Ann., section 42.002 (Vernon’s 2001).
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(c)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and a church or public hospital, daycare center
or childcare facility shall be along the property lines of the street
fronts and from the front door to front door, and in direct line across
the intersections.
(d)
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, except
that where the permit or license holder is located on or above the
fifth floor of a multistory building, measurement shall be in a direct
line from the property line of the public school to the property line
of the place of business, in a direct line across intersections, and
vertically up the building at the property line to the base of the
floor on which the permit or license holder is located.
(Ordinance 2008-12 adopted 12/2/08)
Wholesalers, distributors and manufacturers of alcoholic beverages for off-premises consumption shall be governed by the permit and license requirements and other provisions of the Texas Alcoholic Beverage Code which regulates their activities. The provisions of section 4.07.004 regarding license and permits fees payable to the city are applicable to wholesalers, distributors and manufacturers of alcoholic beverages for off-premises consumption.
(Ordinance 2008-12 adopted 12/2/08)
It shall be unlawful for any person to possess and/or consume
any alcoholic beverage as defined by the Texas Alcoholic Beverage
Code while in or upon any designated city park.
(Ordinance 2008-12 adopted 12/2/08)
A person commits an offense if the person, in violation of this
article or the Texas Alcoholic Beverage Code, sells, offers for sale,
consumes, possesses or permits the consumption or possession of an
alcoholic beverage during prohibited hours, without any required permit
or license or within the areas prohibited for such sale, possession
or consumption as provided in this article or the Texas Alcoholic
Beverage Code. Such offenses are punishable as provided in the Texas
Alcoholic Beverage Code or other applicable law or ordinance.
(Ordinance 2008-12 adopted 12/2/08)
