It shall be unlawful for any person to manufacture, distill,
brew, sell or distribute any beer, 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 within
the city unless he has a current and unrevoked license issued by the
city. The annual fee for such license shall be in an amount equal
to one-half the amount of the license or permit fee imposed by the
state to engage in a similar activity.
(1966 Code, § 4-1)
(a)
Except
as may otherwise be specifically provided in this Code, no beer or
other alcoholic beverage manufactured in whole or in part by the means
of the process of distillation, or liquor composed or compounded in
part of distilled spirits, shall be sold within the city by any dealer
where the place of business of such dealer is within 300 feet of any
church, public or private school or public hospital. The measurements
shall be as provided in V.T.C.A., Alcoholic Beverage Code § 109.33.
(b)
Except
as may otherwise be specifically provided in this Code, permit or
license holders under V.T.C.A., Alcoholic Beverage Code chs. 25, 28,
32, 69, or 74 may not sell any alcoholic beverage within 300 feet
of any day-care centers and child-care facilities as those terms are
defined by V.T.C.A., Human Resources Code § 42.002, except
for those who hold a food and beverage certificate.
(c)
Notwithstanding the provisions of subsections (a) or (b), a premises for which a dealer applies for or holds an alcoholic beverage permit that authorizes off-premises consumption only or authorizes on-premises consumption but would not be considered a bar or similar establishment requiring a conditional use permit under the provisions of subsection 113-118(a)(4) of the Code of Ordinances may be established, located, sold, leased, transferred or expanded notwithstanding that it is within 300 feet of a church; provided, that such alcohol beverage permitted premises is or will be located in a C-3, C-4 or industrial zoned district of the city.
(d)
The limitations of this section do not apply to the Entertainment and Cultural Overlay District ("ECOD") created under section 138-333 of this Code.
(e)
The board
of commissioners may grant variances to the limitations of this section
whenever it determines that enforcement of the regulation in a particular
instance is not in the best interest of the public, constitutes waste
or 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 which,
after consideration of the health, safety and welfare of the public
and the equities of the situation, it determines is in the best interest
of the community.
(1966 Code, § 4-2; Ordinance 2004-42, § 1, adopted 5/24/2004; Ordinance 2008-30, § 1,
adopted 4/28/2008)
(a)
It shall
be lawful for the holder of a mixed beverage permit within the corporate
limits of the city to acquire a mixed beverage late hours permit and
under such mixed beverage late hours permit sell or offer for sale
any alcoholic beverages during the extended hours allowed by the state
alcoholic beverage code.
(b)
It shall be unlawful for any person within the corporate limits of the city to consume or possess with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a.m. and 12:00 noon or on any other day between 12:15 a.m. and 7:00 a.m., provided, however, it shall not be unlawful for a person to consume or possess with intent to consume an alcoholic beverage if such alcoholic beverage is within the confines and limits of the premises on which a mixed beverage late hours permit has been issued during the extended hours granted by subsection (a).
(d)
The penalty provided for in subsection (c) should not be construed as exclusive, and the city hereby provides that any other remedy available to it in the enforcement of this section, in law or in equity, is not intended to be, is not to be, and is not foreclosed by the provision of such penalty.
(1966 Code, § 4-4)
(a)
The property
previously known as the Valley Botanical Gardens or McAllen Botanical
Gardens, shall be known and referred to as the McAllen Nature Center.
(b)
No person
shall possess or consume any alcoholic beverages in the McAllen Nature
Center at any time.
(1966 Code, § 21-7; Ordinance 2016-06, § II, adopted 1/25/2016)
(a)
The CBD is defined as that area of the city lying within
the boundaries of Business 83, Houston Avenue, 18th (Bicentennial)
and Tenth Street.
(b)
Open container means a container that is no longer sealed
which contains an alcoholic beverage.
(c)
Pedestrian shall mean any person standing, walking, or traversing
any public roadway, park, sidewalk or alley, including public and
private parking lots located within the CBD.
(d)
It shall
be unlawful for a pedestrian to possess an open container of an alcoholic
beverage or to consume an alcoholic beverage in the CBD.
(e)
This section does not prohibit the legal possession of an open container or the consumption of alcoholic beverages in motor vehicles, buildings not owned or controlled by the city, residential structures or licensed premises located within the CBD, or anywhere within the Entertainment and Cultural Overlay District established under chapter 138 of this Code, whenever city manager or designee has issued a special events permit allowing the sale of alcoholic beverages, the possession by pedestrians of open containers of alcoholic beverages, or the consumption of alcoholic beverages at any location specified in said permit, which shall be made subject to such reasonable conditions and requirements as are deemed necessary and proper to maintain the health, safety and welfare of persons within and in the vicinity of the specified locations.
(Ordinance 1996-73, § I,
adopted 11/25/1996; Ordinance
2009-04, § I, adopted 1/26/2009)
