[1]
Editor's note–Former section 4.03.001 pertaining to license required; fee, was repealed by Ordinance 5151 adopted 2/3/2026. Prior to the deletion this section derived from the following: 1995 Code, sec. 121.01; Ordinance 4275 adopted 9/21/2010.
(a) Dealer.
For the purposes of this division, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Any person, entity, or premises licensed to sell alcoholic beverages at a specific location under the Texas Alcoholic Beverage Code.
(b)
All other terms in this division shall have the meanings as set forth in the applicable provisions of the laws of the state.
(1995 Code, sec. 121.14; Ordinance 3942 adopted 1/2/2007)
Alcoholic beverages shall not be sold by any dealer whose place of business is located within 300 feet of any public or private school, any day care center or child care facility, any church, or any public hospital.
(1995 Code, sec. 121.10; Ordinance 3942 adopted 1/2/2007)
The measurements of the distance between such businesses and public schools is to be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. For such businesses where minors are prohibited from entering the premises under Section 109.53 of the Alcoholic Beverage Code, the measurement of the distance between the premises and a public school is to be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(Ordinance 3942 adopted 1/2/2007; 1995 Code, sec. 121.11; Ordinance adopting Code)
Editor's note–Former section 4.03.034 pertaining to applicability upon renewal of license or permit or transfer of business, was repealed by Ordinance 5151 adopted 2/3/2026. Prior to the deletion this section derived from the following: 1995 Code, sec. 121.12; Ordinance 3942 adopted 1/2/2007.
The city council may allow variances to this division if the city council determines that enforcement of this division 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 under the Texas Alcoholic Beverage Code, does not serve the intended purpose of this division, 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 the situation, determines is in the best interest of the community.
(1995 Code, sec. 121.13; Ordinance 3942 adopted 1/2/2007)
(a)
No person shall sell, store, possess or consume an alcoholic beverage on any city-owned property. The term "alcoholic beverage" shall have the meaning prescribed as used in the Texas Alcoholic Beverage Code.
(b)
Notwithstanding the prohibition in subsection (a), the City Manager, or his designee, may issue a special use permit, for a period not to exceed 72 hours, for on-premises consumption, possession or sale of alcohol beverages by a duly state-licensed vendor or permit holder in accordance with state law.
(c)
No permit shall be issued until satisfactory proof has been provided for liability insurance and compliance with the Texas Alcoholic Beverages Code, as amended, and rules issued by the appropriate state agency.
(d)
In issuing the permit, the City Manager and/or the Lufkin Police Department may implement other appropriate safety and control regulations concerning location, hours of operation, security and other appropriate conditions to protect the health, safety and welfare of the public and event attendees.
(Ordinance 5152 adopted 2/3/2026)