The purpose of this article is to regulate commercial establishments not licensed or permitted by the Texas Alcoholic Beverage Commission (TABC) that allow patrons to bring their own alcoholic beverages onto the premises for consumption. This practice is commonly referred to as "BYOB," an initialism standing for "bring your own bottle."
(Ordinance 2628-05-2025 adopted 5/6/2025)
The following words, terms, and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverage
has the meaning assigned by the Texas Alcoholic Beverage Code.
Applicant
means the owner or operator of the BYOB establishment.
BYOB establishment
means an establishment to which the ordinance applies, as described in section 4.14.003 (applicability).
Criminal offenses
have the meanings assigned to them as defined in the Texas Penal Code.
Department
means the Planning and Development Services Department of the City of San Benito.
Director
means the Director of Planning and Development Services Department of the City of San Benito, or the director's designees.
Hearing officer
means an individual designated by the director to conduct administrative appeal hearings.
Inspection
means the annual or any subsequent on-site assessment by the inspectors of the physical, operational, and on-site measures in effect on the property to comply with the minimum requirements in section 4.14.064.
Operator
means the manager or other natural person principally in charge who will be physically present at the establishment during operating hours.
Owner
means the person or persons who are the principal owners of the BYOB establishment.
Photo identification
means any current driver's license or state identification certificate issued by the state or territory of the United States; passports, driver's license from foreign countries; or United States military identification card.
Premises
means the grounds and all buildings and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the owner.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
Except as provided in subsection (b), this article applies to an establishment that:
(1) 
Is not licensed or permitted by the TABC;
(2) 
Is open to the public; and
(3) 
Allows patrons to bring alcoholic beverages onto the premises for possession and consumption.
(b) 
This article does not apply to:
(1) 
A residence;
(2) 
A fraternal or veteran's organization, as defined by the Texas Alcoholic Beverage Code;
(3) 
A university or college providing a degree program;
(4) 
A church, as defined in the Zoning Ordinance [Exhibit 14A, section 2.01] of the City of San Benito, Section 2.1 – Religious Assembly or Institution,[1]
[1]
Editor's Note–So in original.
(5) 
A bingo facility licensed under Texas Occupations Code, Chapter 2001.
(6) 
A banquet hall; or
(7) 
A theater that accommodates more than 100 persons.
(Ordinance 2628-05-2025 adopted 5/6/2025)