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)
All licenses issued under the terms of this article shall expire
one year from the date of issuance. No license shall be issued for
a term longer than one year.
(Ordinance 15-O-03 adopted 1/26/2015; 2009 Code, sec. 4.04.003)
Any license issued under the provisions of this article shall
not be transferable or assignable except in accordance with state
law.
(Ordinance 15-O-03 adopted 1/26/2015; 2009 Code, sec. 4.04.004)