Alcoholic beverage.
Alcohol or any beverage containing more than one-half of
one percent of alcohol by volume which is capable of use for beverage
purposes either alone or when diluted.
Church.
A religious building; a building for public worship.
Dealer.
As that term is used in section 109.33 of the Texas Alcoholic
Beverage Code, V.T.C.S., and shall include “person” as
that term is defined herein.
Licensee.
A person who is the holder of a license provided for in this
article, or any agent, servant, or employee of that person.
Neighborhood convenience center.
A retail establishment which carries convenience goods, such
as groceries, drugs, and some variety items, including grocery stores,
markets, supermarkets and variety stores.
Off-premises consumption.
The sale of sealed alcoholic beverages by an establishment
permitted herein for the sale of consumption off-premises.
Permittee.
A person who is the holder of a permit provided for in this
article, or an agent, servant, or employee of that person.
Person.
A natural person or association of natural persons, trustee,
receiver, partnership, corporation, organization or the manager, agent,
servant, or employee of any of the aforementioned.
Pre-packaged alcoholic beverage retail sales (drive-through).
Businesses that engage in the sale of pre-packaged alcoholic
beverages, for off-premises consumption, with a drive-through facility
including a drive-up window, drive-through building or any other means
of conducting sales without requiring customers to exit their vehicles.
School.
An organization that provides instructions as:
(1)
An instruction [institution] for the teaching of children.
(Ordinance O-01-05-2020 adopted 5/4/20)
In accordance with the Texas Alcoholic Beverage Code, license
fees shall be levied and collected as set forth in the fee schedule
in appendix A of this code for each permit issued for premises located
within the city.
(Ordinance O-01-05-2020 adopted 5/4/20; Ordinance adopting 2023 Code)
(a) The
city secretary shall issue the license on the following conditions:
(1) A nonrefundable application fee, as set forth in the fee schedule
in appendix A of this code, is paid in advance.
(2) The applicant is 21 years of age or older.
(3) The applicant is the owner or leaser of the property.
(b) All
permits shall be renewed annually. All permits shall terminate at
midnight on the day before the anniversary date of their issuance,
and no permit shall be issued covering a term longer than one (1)
year.
(c) The
code enforcement officer shall send notice of such cancellation to
the address on file with the permit application.
(d) All
payments shall be made to the city along with the submission of the
application. The city shall issue a certificate for display with the
state license or permit on the licensed or permitted premises. The
certificate must be placed for public view.
(Ordinance O-01-05-2020 adopted 5/4/20; Ordinance adopting 2023 Code)
(a) Minimum distance.
It shall be unlawful for any dealer
to sell alcoholic beverages from or at a place of business within
this city within 100 feet of a school.
(b) Measurement of distance.
The measurement of the distance
between the place of business where alcoholic beverages are sold and
the public school shall be in a direct line from the property line
of the place of business and in a direct line across intersections.
(c) Request to city council for variance of distance regulations.
Upon application of a dealer, or person authorized to sell alcoholic beverages, desiring to sell alcoholic beverages within the distance restrictions imposed by this section, the city council may, in its sole discretion, allow variances to the distance regulations contained in subsections
(a) and
(b), if the city council determines that enforcement of the regulations in a particular instance is not in the best interest of the public, constitutes a waste or insufficient [inefficient] use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of situation, determines is in the best interest of the community.
(Ordinance O-01-05-2020 adopted 5/4/20)
(a) A
person commits an offense if the person possesses an open container
or consumes an alcoholic beverage on a public street, public alley,
public sidewalk or public park [or] within one thousand (1000) feet
of the property line of a facility.
(b) This
section does not apply to the possession of an open container or the
consumption at an event duly authorized by appropriate authorities
and held in compliance with all other applicable provisions of this
article.
(Ordinance O-01-05-2020 adopted 5/4/20)
It shall be unlawful for any person or dealer to sell alcoholic
beverages on residential lots, tracts, or parcels within this city.
(Ordinance O-01-05-2020 adopted 5/4/20)