The words, terms and phrases used in this article, except where the context clearly indicates otherwise, are as defined in V.T.C.A., Alcoholic Beverage Code section 1.04.
means a private school, including a parochial school, that:
(Ordinance 2013-08, sec. 1, adopted 10/15/2013)
(a)
Required.
It shall be unlawful for any person to manufacture, distill, brew, sell, possess for the purpose of sale or distribute any malt beverage, liquor, wine or other alcoholic beverage, or otherwise engage in any activity for which a license or permit is required by the state Alcoholic Beverage Code, as amended, within the city, unless he has a current and unrevoked permit issued by the city.
(b)
Permit fees (alcoholic beverages).
There is hereby levied a separate fee upon the holder of each and every state permit to sell, manufacture, distill, brew, possess for the purpose of sale, import, export, transport, distribute, warehouse, or store alcoholic beverages from premises located within the city.
(1)
The fee shall be as currently established or as hereafter adopted by resolution of the city council from time to time, but shall not exceed one-half the state fee for each permit issued for premises located within the city.
(2)
The city permit shall be for a two-year term.
(3)
The following shall be exempt from the fee authorized by this section:
(4)
The city permit shall be canceled or suspended if the permit issued by the state is canceled or suspended.
(c)
License fees (malt beverages).
There is hereby levied a separate fee upon each holder of each and every state license, except temporary event authorizations, issued for premises located within the city, to the fullest extent authorized by the Texas Alcoholic Beverage Code, section 61.36, as amended.
(1)
The fee shall be as currently established or as hereafter adopted by resolution of the city council from time to time, but shall not exceed one-half of the state fee for each license issued for premises located within the city.
(2)
The city permit shall be for a two-year term.
(3)
The city permit shall be canceled or suspended if the license issued by the state is canceled or suspended.
(d)
Payment of fee.
(1)
Term.
For each fee paid hereunder, a separate receipt shall be issued by the city, and each such receipt and fee shall expire and terminate on the expiration date of the state permit or license.
(2)
Issuance of permit.
Upon payment to the city secretary of the applicable fee for a permit required by this article and exhibition of a license or permit duly issued by the state alcoholic beverage commission to the applicant or person paying such fee, the city secretary or designee shall, in the name of the city, issue and deliver to such applicant or person a permit to engage in the business within the city of the character described in and authorized by the state permit or license held by such applicant or person. Such permit shall authorize the conduct of such business upon the premises described in the state license or permit and shall remain in force for the term authorized above. Every person owning, operating, managing or controlling any premises on which a city fee is levied herein shall not commence operations under any such state permit or license until the city fee has been paid and the current receipt issued by the city is displayed in the manner required for display of a state permit or license.
(Ordinance 2013-08, sec. 2, adopted 10/15/2013; Ordinance adopting 2025 Code)
(a)
Distance-prohibited areas.
(1)
Distance requirement.
Except as otherwise specifically allowed by the state alcoholic beverage commission or as otherwise provided herein, no alcoholic beverages may be sold and no permit or license shall be issued to any such applicant for sales within the following distances:
a.
300 feet of a church, public school or private school, or public hospital;
b.
1,000 feet of a public school, if the city council receives a request from the board of trustees of a school district under V.T.C.A., Education Code section 38.007; or
c.
1,000 feet of a private school if the city council receives a request from the governing body of the private school.
(2)
Methods for determining distance measurement.
a.
The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
b.
The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be:
1.
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
2.
If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private 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.
(3)
Exception to distance requirements.
The exceptions to the distance requirements stated in V.T.C.A., Alcoholic Beverage Code section 109.33(e)—(h) shall apply.
(b)
Day-care centers and child-care facilities.
For a permit or license holder under V.T.C.A., Alcoholic Beverage Code chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate, the provisions of subsection (a) of this section relating to a public school also apply to a day-care center and a child-care facility, as those terms are defined by V.T.C.A., Human Resources Code section 42.002. Subsection (a)(1)b of this section does not apply to a day-care center or child-care facility.
(c)
Sale of malt beverage in residential area.
As provided by the Texas Alcoholic Beverage Code, section 109.032(a)(1), as amended, the sale of malt beverages in a residential area is prohibited.
(Ordinance 2013-08, sec. 2, adopted 10/15/2013; Ordinance adopting 2025 Code)
Pursuant to authority granted by V.T.C.A., Alcoholic Beverage Code, the city does hereby adopts the hours prescribed for the sale or offering for sale of any mixed beverage, malt beverage or other alcoholic beverage as follows:
(1)
Mixed beverages.
A mixed beverage permittee may sell and offer for sale mixed beverages between 7:00 a.m. and 12:00 midnight on any day except Sunday. On Sunday, he may sell mixed beverages between 10:00 a.m. and 12:00 midnight, except that an alcoholic beverage served to a customer between 10:00 a.m. and 12:00 noon on Sunday must be provided during the service of food to the customer.
(2)
Malt beverages.
A person may sell, offer for sale, or deliver malt beverages between 7:00 a.m. and 12:00 midnight on any day except Sunday. On Sunday, he may sell malt beverages between 12:00 noon and 12:00 midnight, except that permittees or licensees authorized to sell for on-premise consumption may sell malt beverages between 10:00 a.m. and 12:00 noon if the malt beverage is served to a customer during the service of food to the customer.
(3)
Wine and malt beverage retailers.
The hours of sale and delivery for alcoholic beverages sold under a wine and malt beverage retailer's permit or a wine and malt beverage retailer's off-premises permit are the same as those prescribed for the sale of malt beverages under subsection (2) of this section, except that no sale shall be allowed between 2:00 a.m. and 12:00 noon on Sunday.
(4)
Extended hours.
The city does not adopt or allow the extended hours for the sale or offering for sale of any mixed beverage, malt beverage or other alcoholic beverage by a holder of certain types of late hours permit.
(Ordinance 2013-08, sec. 2, adopted 10/15/2013; Ordinance adopting 2025 Code)