City of Liberty Hill, TX SALE OF ALCOHOLIC BEVERAGES

In this article, unless otherwise stated, a word or term used herein shall have a meaning consistent with the Texas Alcoholic Beverage Code.

Place of business.

The location of the business where a permit or license for the sale of alcohol is sought, as identified in the application for the permit or license, including the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, along with any adjacent premises if they are directly or indirectly under the control of the same person or entity.

(Ordinance 15-O-03 adopted 1/26/2015; 2009 Code, sec. 4.04.001)

(a)

License required; application.

Any person wishing to manufacture, distill, brew, sell, possess for the purpose of sale, transport, import into the state, export from the state, distribute, warehouse or store any alcoholic beverage, solicit or take orders for alcoholic beverages, sell, bottle, rectify, blend, treat, fortify, mix or process alcoholic beverages, or engage in any other activity related to alcoholic beverages for which the state requires a permit or license, shall apply for a license for each permit or license required by the state from the city by filing an application with the city secretary, using the form prescribed by the city secretary. Once a completed application is filed with the city secretary, the city secretary shall verify the information contained in the application within ten (10) business days of its receipt.

(b)

State permit or license; fee.

No license required under the terms of this section shall be issued to any person until he shows that he holds a valid state permit or license for the particular alcoholic beverage activity which he desires to conduct in the city and until the fee required by the city for such license has been paid. The city shall levy and collect a fee for each place of business requiring such a license in an amount equal to one-half the permit or license fee charged by the state pursuant to the Texas Alcoholic Beverage Code.

(c)

Suspension or revocation.

Any license issued under this section may be revoked or suspended by the city council upon a finding of a violation of any applicable provisions of this article or the Texas Alcoholic Beverage Code.

(d)

Exemptions from fee.

The holders of the following permits or licenses issued by the state pursuant to the Texas Alcoholic Beverage Code are exempt from the fee required by this section:

(1)

Agent’s, airline beverage, passenger train beverage, industrial, carrier’s, private carrier’s, private club registration, local cartage, storage, and temporary wine and beer retailer’s permits;

(2)

A wine and beer retailer’s permit issued for a dining, buffet or club car;

(3)

A mixed beverage permit during the three-year period following the issuance of the permit; and

(4)

A temporary or agent’s beer license.

(e)

Penalty.

It is unlawful for an applicant to sell an alcoholic beverage without first obtaining and paying for the license required under this section. Any person who violates a provision of this section, upon conviction thereof, shall be fined not less than $10.00 and not more than $200.00. Any person who shall aid, abet, or assist in a violation of any provision of this article shall be fined not less than $10.00 and not more than $200.00. Each day a violation occurs shall be considered a separate offense.

(Ordinance 15-O-03 adopted 1/26/2015; 2009 Code, sec. 4.04.002)