(A) 
This chapter may be known and cited as "BYOB Businesses Regulation."
(B) 
The purpose of this chapter is to protect the welfare of the citizens of the City of Harker Heights by monitoring and regulating BYOB businesses. To this end, this chapter establishes a permit program for BYOB businesses, imposes regulations of business operations of BYOB businesses, and imposes civil and criminal penalties for violations of this chapter by BYOB businesses.
(Ord. 2020-10, 4-14-2020)
(A) 
It is a common practice for an establishment not licensed or permitted by the Texas Alcoholic Beverage Commission to sell or serve alcoholic beverages to allow its patrons to bring their own alcoholic beverages onto the premises for consumption. This practice is often referred to as "BYOB," an acronym for "bring your own bottle."
(B) 
In this chapter:
ALCOHOLIC BEVERAGE.
Has the meaning assigned by the Texas Alcoholic Beverage Code.
BYOB PERMIT.
A permit, issued pursuant to this chapter, to operate a BYOB venue.
BYOB VENUE OR EVENT.
An establishment to which this chapter applies, as prescribed by § 125.03.
DEPARTMENT.
The Planning and Development Department of the City of Harker Heights.
DIRECTOR.
The Director of the Planning and Development Department.
PREMISES.
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
PUBLIC PLACE.
Any place accessible by the public, a business or public facility, a way or place, of whatever nature, opened to use of the public as a matter of right, or for purposes of vehicular travel as a street, or in the case of a sidewalk thereof, for pedestrian travel.
RESTAURANT.
An establishment engaged in the preparation and retail sale of food and beverages for on-premise consumption or in a ready-to-consume state. To qualify as a restaurant under this chapter, the establishment must produce at least 80% of its total revenue, exclusive of tips and gratuities, from the provision of food service.
(Ord. 2020-10, 4-14-2020; Ord. 2021-19, 4-13-2021)
(A) 
Except as provided in division (B), this chapter applies to an establishment that:
(1) 
Is not licensed or permitted by the Texas Alcoholic Beverage Commission to sell or serve alcoholic beverages; and
(2) 
Allows patrons to bring alcoholic beverages onto the premises for possession and consumption.
(B) 
This chapter docs not apply to:
(1) 
A residence;
(2) 
An establishment operated by a governmental entity;
(3) 
A private club, as defined by the Texas Alcoholic Beverage Code;
(4) 
A fraternal or veteran's organization, as defined by the Texas Alcoholic Beverage Code;
(5) 
A college and university use;
(6) 
A religious assembly use;
(7) 
A restaurant; or
(8) 
A theater use.
(Ord. 2020-10, 4-14-2020)
(A) 
Mailed notice is presumed received on the fifth day after it is mailed.
(B) 
Notice to a permit holder may be delivered to the manager at the BYOB venue and is effective on delivery.
(Ord. 2020-10, 4-14-2020)