The text
Footnotes:
--- (1) --- Cross reference— Businesses, ch. 26; traffic and vehicles, ch. 106; zoning, ch. 118.
State Law reference— Local regulation of alcoholic beverages, V.T.C.A., Alcoholic Beverage Code §§ 11.38, 61.36, 108.55, 109.31 et seq.; local option elections, V.T.C.A., Alcoholic Beverage Code § 251.01 et seq.
Sec. 6-1. - Definitions.#
For the purpose of this chapter, all definitions of words, terms, and phases set forth in the Texas Alcoholic Beverage Code, as amended from time to time, are hereby adopted and made a part of this chapter.
(Ord. No. 91-4, § 2, 8-13-91; Ord. No. 94-3, § I, 4-26-94; Ord. No. 95-27, § 2, 12-12-95)
Cross reference— Definitions generally, § 1-2.
State Law reference— Definitions, V.T.C.A., Alcoholic Beverage Code § 1.04.
Sec. 6-2. - Adoption of state law.#
This chapter is passed pursuant to and is referable to the Texas Alcoholic Beverage Code, and the provisions of such code are hereby adopted insofar as the same are applicable, and shall govern the administration and enforcement of this chapter.
(Ord. No. 91-4, § 1, 8-13-91; Ord. No. 95-27, § 1, 12-12-95)
Sec. 6-3. - Permit or license required.#
(a)
Fee. No person shall manufacture, sell, distribute, or store any intoxicating liquor, malt liquor, or other alcoholic beverage, or engage in any other activity with relation to the same for which a permit or license is required by the Texas Alcoholic Beverage Code within the city without first obtaining a permit or license to do so from the city. The fee for such permit or license shall be an amount equal to one-half the permit or license fee charged by the state under the Texas Alcoholic Beverage Code.
(b)
Issuance. No permit or license required under the terms of this chapter shall be issued to any person until he shows that he holds a state permit or license for the particular phase of the liquor traffic in which he desires to engage in the city and until the fee required by the city for such permit or license has been paid to the city.
(c)
Revocation or suspension. Any permit or license issued under the provisions of this chapter may be revoked or suspended by the city council upon violation of any applicable provision of this chapter or the Texas Alcoholic Beverage Code.
(d)
Transferral or assignment. Any permit or license under the provisions of this chapter shall not be transferable or assignable except with the written permission and approval of the city council.
(e)
Ratio of food sales to alcoholic beverage sales. Establishments in which food service activity generates less than 50 percent of the gross receipts of the operation shall not be granted a permit or license to sell alcoholic beverages for on-premises consumption. Verification of the ratio of food sales to alcoholic beverage sales shall be made by a certified public accountant as a condition of each renewal. This verification is to be furnished by the owner of the establishment.
(Code 1979, ch. 1, § 10; Ord. No. 94-3, § II, 4-26-94; Ord. No. 2004-03, § 2, 1-20-04)
Sec. 6-4. - Payment of fees.#
All fees required pursuant to this chapter shall be paid in advance to the city secretary, or other person as appointed by the city manager, for one-year at the same time that the state annual renewal fee is due and payable. A receipt shall be issued for the payment of each such fee, and the holder of the state permit or license involved shall display such receipt in some conspicuous place on the premises in the same manner that the applicable state license or permit is displayed.
(Ord. No. 91-4, § 4, 8-13-91; Ord. No. 95-27, § 4, 12-12-95; Ord. No. 2013-05, § 2, 3-26-13)
Sec. 6-5. - Location restrictions.#
(a)
It shall be unlawful to sell any form of alcoholic beverage within 300 feet of any church, public or private school, or public hospital.
(b)
The measurement of the distance between the place of business where alcoholic beverages are sold and any church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections.
(c)
Mixed beverage sales shall be permitted on properties zoned in accordance with the zoning ordinances of the city.
(d)
Package stores shall be permitted on properties zoned in accordance with the zoning ordinances of the city.
(Ord. No. 94-3, § III, 4-26-94; Ord. No. 2013-05, § 2, 3-26-13)
State Law reference— Sales near school, church or hospital, V.T.C.A., Alcoholic Beverage Code § 109.33.
Sec. 6-6. - Hours of sale.#
(a)
The city is an extended hours area. In the city the holder of a mixed beverages late hours permit is authorized to sell and offer for sale mixed beverages during extended hours as prescribed in V.T.C.A., Alcoholic Beverage Code, § 105.03 as amended from time to time.
(b)
In the city the holder of a retail dealer's on-premises late hours permit is authorized to sell, offer for sale, and deliver beer during extended hours as prescribed in the V.T.C.A., Alcoholic Beverage Code, § 105.05 as amended from time to time.
(Ord. No. 94-3, § IV, 4-26-94; Ord. No. 2013-05, § 2, 3-26-13)
Editor's note— Ord. No. 2013-05, § 2, adopted March 26, 2013, amended § 6-6 to read as set out herein. Previously § 6-6 was titled late hours sale; permit required.
State Law reference— Hours of sale and consumption, V.T.C.A., Alcoholic Beverage Code ch. 105.
Sec. 6-7. - Hours of consumption in public places.#
The city is an extended hours area. A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place as prescribed in V.T.C.A., Alcoholic Beverage Code, § 105.06 as amended from time to time.
(Ord. No. 94-3, § V, 4-26-94; Ord. No. 2013-05, § 2, 3-26-13)
Editor's note— Ord. No. 2013-05, § 2, adopted March 26, 2013, amended § 6-7 to read as set out herein. Previously § 6-7 was titled consumption in public place; prohibited hours.
State Law reference— Hours of consumption, V.T.C.A., Alcoholic Beverage Code § 105.06.
Sec. 6-8. - Consumption and service on private club premises; prohibited hours.#
It shall be unlawful for any private club to cause, permit or allow any person to consume or be served any alcoholic beverage on the club premises during the time periods as prescribed in the V.T.C.A., Alcoholic Beverage Code, § 32.17(7) as amended from time to time.
(Ord. No. 94-3, § VI, 4-26-94; Ord. No. 2013-05, § 2, 3-26-13)
State Law reference— General penalty, V.T.C.A., Alcoholic Beverage Code § 1.05.
Sec. 6-9. - License and permit fees.#
(a)
Pursuant to the authority granted to cities in TABC, § 61.38, there is hereby prescribed and levied an annual permit fee for each premises located within the city that is required to obtain and hold a permit issued under the provisions of TABC, Subch. B, Ch. 11. Such annual fee is hereby established as an amount equal to one-half of the annual state permit fee payable for and with respect to each such premises.
(b)
Pursuant to the authority granted to cities in TABC, § 61.36, there is hereby prescribed and levied an annual license fee for each premises located within the city that is required to obtain and hold a permit issued under the provisions of TABC, Subch. B, Ch. 61. Such annual license fee is hereby established as an amount equal to one-half of the annual state license fee payable for and with respect to each such premises.
(Ord. No. 95-27, § 3, 12-12-95)
Sec. 6-10. - Review and recommendation.#
For the purposes of obtaining a recommendation as provided for in V.T.C.A., Alcoholic Beverage Code, § 11.41, every person, firm or entity making application for a permit, pursuant to V.T.C.A., Alcoholic Beverage Code, chs. 11 or 61, subch. B, within the city, shall be required to provide such information as may be reasonably necessary to complete a review and recommendation, including but not limited to, a copy of the application made to the state alcoholic beverage code and an application to the city for a permit to sell alcoholic beverages. Such documents shall be submitted to the city secretary, or other person as appointed by the city manager. The chief of police shall have the option to review such applications and materials, make such reasonable investigation as is deemed prudent, and make a written recommendation. In the event the chief of police makes written objection to the issuance of any such permit or license, such recommendation shall be communicated to the state alcoholic beverage code and no city permit or license shall be issued by the city on such application until such time, if any, as the state alcoholic beverage code shall grant the requested permit or license.
(Ord. No. 95-27, § 5, 12-12-95; Ord. No. 2013-05, § 2, 3-26-13)
Sec. 6-11. - Possession prohibited at school athletic events.#
It shall be unlawful for any person to bring or carry any alcoholic beverage or to have any alcoholic beverage in his possession while in or on any enclosure, field or stadium where athletic events, sponsored or participated in by any public school, are being held..
(Ord. No. 2013-05, § 2, 3-26-13)
Sec. 6-12. - Violations and penalties.#
A license or permittee who sells an alcoholic beverage without first having paid the fees levied as provided for herein commits a misdemeanor punishable by a fine of not less than $10.00 or more than $500.00.
(Ord. No. 95-27, § 6, 12-12-95; Ord. No. 2013-05, § 2, 3-26-13)
Editor's note— Ord. No. 2013-05, § 2, adopted March 26, 2013, added § 6-11, possession prohibited at school athletic events, and renumbered § 6-11, violations and penalties, as § 6-12.