The owner shall ensure that the operator is continuously on the premises during the hours of operation. The owner may serve as the operator.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a)
The owner, the operator, or an employee of a BYOB establishment may not allow a person under the age of 18 years on the premises.
(b)
The owner, the operator, or an employee of a BYOB establishment may not allow a person under the age of 21 years to consume alcohol on premises.
(c)
The owner or operator of a BYOB establishment that the city determines to also be a sexually oriented business under this Code may not employ or allow persons under the age of 21 years at a BYOB establishment.
(Ordinance 2628-05-2025 adopted 5/6/2025)
All BYOB establishments shall comply with the following minimum security requirements:
(1)
Hand wand or walkthrough metal detectors shall be utilized on all persons entering the BYOB establishment;
(2)
The exterior portion of the premises, including parking areas, shall be well lit during business hours;
(3)
The BYOB establishment shall provide for the last one security officer per 100 patrons. Security officers must have a least a Level II commissioned security guard license; and
(Ordinance 2628-05-2025 adopted 5/6/2025)
During the hours of operation, a person may not lock or obstruct;
(1)
An exterior entrance door that is designated or available for use by patrons; or
(2)
An interior door that provides access to a portion of the premises that is designated or available for use by patrons.
(Ordinance 2628-05-2025 adopted 5/6/2025)
The owner of a BYOB establishment shall follow the Texas Penal Code Section 30.05.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a)
Before a BYOB establishment has been permitted pursuant to section 4.14.034, the owner shall schedule an inspection with the inspectors to determine the establishment's compliance with the minimum requirements established in this article. Each owner shall pay a nonrefundable inspection fee stated for this provision in the city's fee schedule for the inspection services described in this section as provided in division 2. In consideration of such fee the applicant shall be entitled to the original inspection and one reinspection for deficiencies, if required. An additional fee is hereby imposed and shall be collected for the second and each subsequent reinspection required due to deficiencies as provided in the city fee schedule. The fee shall be paid to the department prior to the commencement of the inspection.
(c)
The owner of the BYOB establishment must within 60 days after the inspection either cure the violations or demonstrate to the inspectors that the finding of non-compliance was incorrect. If, after the 60-day period has elapsed, the inspector determines that the establishment has failed to cure the violation, the commercial establishment will be subject to a penalty as set forth in section 4.14.074.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a)
By accepting a permit under this article, the owner consents that the director, the director's representative, law enforcement personnel, code enforcement personnel, and other on-duty governmental personnel may enter the premises during business hours or when scheduled in advance with the owner, to investigate or inspect the premises to determine compliance with this article.
(b)
The owner, the operator, or an employee shall provide the director, the director's representative, law enforcement personnel, code enforcement personnel, and other on-duty governmental personnel with immediate access to all portions of the premises. If the BYOB establishment is occupied, the inspector and other governmental employees must present credentials to the owner or other person having charge or control of the commercial establishment and request entry.
(c)
If the owner or other person having charge or control of the BYOB establishment refuses the inspectors request to enter the premises to inspect or perform the duties imposed by this article or to inspect or review records relating to compliance with this article, the inspector shall have recourse to the remedies provided by law to secure entry.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a)
The owner, the operator, or an employee may not allow persons to loiter in a parking area.
(b)
The owner, the operator, or an employee may not allow persons to consume an alcoholic beverage in a parking area.
(c)
The owner shall post signs in each parking area stating that the consumption of an alcoholic beverage is prohibited.
(Ordinance 2628-05-2025 adopted 5/6/2025)
A person may not sell an alcoholic beverage at a BYOB establishment.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a)
A BYOB establishment shall close between 2:15 a.m. and 7:00 a.m. each day except Sunday, and between 2:15 a.m. and noon on Sunday. A patron who is on the premises at 2:15 a.m. may remain until not later than 2:15 a.m.
(b)
A person may not consume an alcoholic beverage on the premises of a BYOB establishment between 2:15 a.m. and 7:00 a.m. each day except Sunday, or between 2:15 a.m. and noon on Sunday.
(Ordinance 2628-05-2025 adopted 5/6/2025)
The owner, an operator, an agent, or an employee of a BYOB establishment shall comply with all applicable local and state laws relating to the operation of the BYOB establishment. The application and issuance of a BYOB permit does not exempt the owner and operator from applying for and obtaining other permits required for the business.
(Ordinance 2628-05-2025 adopted 5/6/2025)
(a)
Any failure to comply with any applicable provision of this article shall be an offense punishable as provided in section 1.01.009 of this code. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense.
(b)
The procedures set forth in this article are cumulative of all other remedies available to the city relating to the subject matter hereof. Specifically, the City Attorney may institute any legal action to enforce this article or enjoin or otherwise cause the abatement of any condition described in this article, as well as for the recovery of all expenses incurred in connection therewith, including without limitation administrative an legal expenses, attorney's fees, and costs, and for civil penalties as provided by law.
(Ordinance 2628-05-2025 adopted 5/6/2025)