(a) 
It shall be unlawful for any person to operate a BYOB establishment in the city who has not obtained a permit issued by the department as required by this section.
(b) 
An owner must obtain a separate permit for each BYOB establishment location.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
An applicant shall apply for a BYOB permit annually. Application forms shall be supplied by the director. The applicant shall be required to give the following information on the application form:
(1) 
The name, street address (and mailing address if different), email address, personal telephone number, and photo identification of each owner and operator;
(2) 
The name under which the BYOB establishment is to operated;
(3) 
The nature and extent of each owner's interest in the BYOB establishment;
(4) 
The address and telephone number of the BYOB establishment. The use of a public or private post office box or other similar address shall not be sufficient for the purposes of complying with this section;
(5) 
If the BYOB establishment is in operation, the date on which the current owner acquired the BYOB establishment for which the permit is sought;
(6) 
If the BYOB establishment is not operation, the expected start-up date;
(7) 
For each owner and operator, fingerprints and a national criminal history check required by section 4.14.033.
(8) 
The registration certificate or assumed name certificate of the BYOB establishment from the Secretary of State, or registration of assumed named filed by the office of the Cameron County Clerk;
(9) 
A copy of the BYOB establishment's certificate of occupancy;
(10) 
Scaled drawings of the premises, including:
(A) 
A site plan;
(B) 
The floor plan of each building; and
(C) 
A designation of the areas where consumption of alcohol is to be allowed;
(11) 
A security plan that meets or exceeds the minimum standards established by this article, as determined by the inspectors; and
(12) 
A copy of the lease agreement where the BYOB establishment will be in operation, or proof of ownership of the property, if applicable.
(b) 
All BYOB establishments in operation before the enactment of this ordinance shall comply with this article before continuing operations.
(c) 
The annual permit and inspection fee stated in the master fee schedule shall by payable upon the submission of the application and shall be non-refundable.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
Upon submitting an application for a permit under this article, the applicant, and any owners and operators, shall provide to the director, a national criminal history check on each applicant, owner, or operator, to ensure compliance with this article. This provision shall not be construed to preclude the director from obtaining interim reports at the expense of the City.
(b) 
As provided in this code, the permit application for a BYOB establishment may be denied or revoked at the time of the initial application or for any renewal in accordance with section 4.14.037 if the owner or operator has been convicted of a criminal offense listed in section 4.14.034(b)(6)(A) through (G).
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
The director shall approve the permit application if the director determines that the applicant and the proposed BYOB establishment meets the requirements of this article.
(b) 
The director shall deny a permit application if the director determines that:
(1) 
The applicant is under the age of 21 years;
(2) 
The BYOB establishment as proposed would not comply with this article;
(3) 
Any owner or operator had a permit required by this article that was revoked within the preceding 12-month period;
(4) 
The applicant had a TABC permit that was involuntarily cancelled or suspended within the preceding 12-month period.
(5) 
The applicant provided incorrect or incomplete information on the application; or
(6) 
The owner or operator of the BYOB establishment has been convicted of one of the following criminal offenses:
(A) 
Any offense involving fraud or misrepresentation;
(B) 
Any offense involving bribery or perjury;
(C) 
Any offense involving violence to any person except for conduct that is classified as no greater than a class C misdemeanor under the laws of Texas;
(D) 
Any felony conviction for any violation of any state or federal laws regulating firearms;
(E) 
Any violation of the Texas liquor laws;
(F) 
Any offense involving prostitution or aiding, abetting, or promotion of prostitution; or
(G) 
Any violation of the Texas Controlled Substances Act[1] or other states or federal law regulating drugs that permits punishment of confinement for one year or more upon conviction for such violation.
[1]
Editor's note–See Texas Health and Safety Code Chapter 481.
The above listed offenses shall be grounds for denial, revocation, or refusal for renewal of the BYOB establishment permits, as the authorized permits allows person to engage in businesses and occupations in which there is a high degree of personal contact with and danger to the public and a serious need to protect the members of the public patronizing BYOB establishments from the type of criminal conduct represented by such offenses.
(c) 
The director shall give written notice of a denial of an application to the applicant.
(d) 
An applicant may appeal a denial of a permit application to the director in accordance with section 4.14.040.
(Ordinance 2628-05-2025 adopted 5/6/2025)
A permit issued under this article is not transferable to another person. Any change in ownership of a BYOB establishment, including, but not limited to, the sale of the BYOB establishment or any ownership interest therein, shall require the purchaser or transferee to submit a permit application in accordance with section 4.14.032.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
A permit issued under this article expires one year after the date it is first issued.
(b) 
The owner shall file an application for permit renewal not sooner than the 90th day and not later than the 20th day before the permit expires. An application that is not filed within the described time is a new application.
(Ordinance 2628-05-2025 adopted 5/6/2025)
While a permit application is pending or a permit is in effect, an owner shall immediately supplement the information provided to the director in the permit application if the information is or becomes inaccurate, incomplete, or misleading.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
The director shall revoke a permit issued under this article if the director determines that:
(1) 
The owner or operator of the BYOB establishment has been convicted of violating any of the provisions of this article on two or more occasions within the term of the permit or has been convicted of violating any provisions of this article within the 24-month period immediately preceding the date of application for a BYOB establishment permit;
(2) 
The BYOB establishment does not comply with any applicable provisions of this article;
(3) 
The owner does not qualify for a permit under this article as stated in section 4.14.034; or
(4) 
The permit was obtained or issued as a result of error.
(b) 
The director shall revoke a permit issued under this article if the director determines that the BYOB establishment violated section 4.14.070 of this article.
(c) 
Before revoking a permit, a director shall provide the owner with written notice in conformity with section 4.14.041 of the pending permit revocation. The written notice shall include:
(1) 
The reason the permit is subject to revocation;
(2) 
The date on which the permit is scheduled to be revoked; and
(3) 
A statement that the permit will be revoked on the scheduled date unless the owner files a written request for a hearing with the director not later than the 10th business day after the date listed on the written notice of the revocation.
(d) 
A permit revocation becomes effective on expiration of the time period prescribed by the notice if the owner does not file a written request for a hearing with the director not later than the 10th business day after the date listed on the notice of revocation.
(e) 
If the owner timely files a hearing request:
(1) 
The director shall comply with the appeal process set forth in section 4.14.040; and
(2) 
The revocation is stayed pending the outcome of the hearing.
(f) 
The director shall give written notice in conformity with section 4.14.041 to the owner of a decision to revoke the permit or a revocation that becomes effective under subsection (c).
(g) 
A BYOB establishment whose permit has been revoked pursuant to subsection (a)(1) and (2) and subsection (b) of this section shall be required to wait a period of one year from the date the revocation became final before becoming eligible to reapply for a BYOB permit.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
Request for appeal.
An applicant may appeal a denial of the application for or renewal of a permit or the revocation of a permit within 10 business days after the date listed on the written notice by submitting a written request for an appeal to the director. If the applicant does not request a hearing within ten business days, the denial is effective and final on the eleventh business day after the date of the director's notice of denial.
(b) 
Conduct of hearing; rules and procedures.
An appeal hearing shall be conducted on a single weekday within 20 business days after the director receives a request for an appeal and shall last no longer than eight hours. Further, an appeal hearing shall be informal and conducted under rules established by the director consistent with the informal nature of the proceedings; provided, however, the following rules shall apply to all appeal hearings conducted under this section:
(1) 
All parties shall have the right to representation by an attorney licensed to practice in Texas, though an attorney is not required;
(2) 
Each party may present witnesses in his own behalf;
(3) 
Each party shall have the right to cross-examine all witnesses; and
(4) 
The hearing officer shall consider only the evidence presented at the appeal hearing in rendering a final decision.
(c) 
Authority of hearing officer.
The hearing officer may affirm or reverse a denial or revocation under this article. The hearing officer shall affirm a denial or revocation if he determines by a preponderance of the evidence that grounds exist for the denial or revocation, respectively. The decision of the hearing official is final.
(d) 
Notice of decision.
The hearing official shall give written notice of the decision to the applicant and the reasons therefor. The notice shall be provided by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable, but not more than 30 business days thereafter.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
Any notice required or permitted to be given by the director or any other city office, division, department, or other agency under this article to any applicant may be given either by electronic mail, or first-class United States mail, addressed to the most recent address as specified in the application for the permit most recently received by the director, or any notice of address change most recently received by the director.
(b) 
Any notice required or permitted to be given to the director by any person under this article shall not be deemed given until and unless it is received in the office of the director.
(c) 
It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the director in writing of any change of mailing address.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a) 
After a BYOB establishment complies with the provision of this section, the director will provide to the BYOB establishment a permit which shall be displayed in such a manner that is conspicuous to patrons of the BYOB establishment.
(b) 
Each entrance to a BYOB establishment shall be marked with a sign that:
(1) 
States "BYOB ESTABLISHMENT" in four inch or larger block letters; and
(2) 
Is legible and visible at all times from a distance of 25 feet.
(c) 
Any signage required by this section shall be in conformance with Exhibit 14A, section 10, sign regulations.
(Ordinance 2628-05-2025 adopted 5/6/2025)