All persons operating establishments engaging in the sale of alcoholic beverages within the city for on-premises alcoholic beverage consumption shall comply with the reporting requirements of this section.
(A) During the first year of any license for on-premises alcoholic beverage consumption issued to a new license-holder, the owner, operator or person in control of an establishment licensed by the state for on-premises alcoholic beverage consumption shall, on a quarterly basis with the quarters ending March 31, June 30, September 30 and December 31, file with the City Secretary an affidavit, on an officially approved form provided by the City Secretary, that reflects gross sales for the preceding three months, indicating the sales of non-alcoholic items and alcoholic beverages. The quarterly reports for the previous three-month period shall be due on or before the 25th day of April, July, October and January. In the event that no violation occurs during the first year, then the business will only be required to report on an annual basis, thereafter; which annual report and information shall be due on or before the 25th day of January following the calendar year to which it relates.
(B) The party shall also file on a quarterly basis, at the same time the affidavit on sales is filed, a copy of the filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three-month period.
(C) Such affidavit and copies of filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes shall be reviewed by the City Manager or designee for compliance with the provisions of § 117.05 regarding the ratio of non-alcohol items to alcohol beverage sales.
(D) If any of the reports or information submitted pursuant to this section indicates that the filing establishment does not comply with the percentage requirements of § 117.05, the establishment shall have until the next due date of a quarterly report to bring the establishment into compliance with city ordinances. The licensee shall be notified by certified mail by the City Secretary that a violation of this section has occurred. Such notification shall specify the date by which the licensee must be in compliance with § 117.05. A report containing the information specified in divisions (A) and (B) above must be filed with the City Secretary on or before the date required for compliance as stated in the letter of notification of violation.
(E) If any report or information required by this section is not timely submitted to the City Secretary, the City Secretary shall notify the licensee by certified mail that a quarterly report has not been submitted. The licensee shall have a period of ten days after the date of delivery marked on the certified mail return receipt to file the quarterly report.
(F) Failure to file any report or provide any of the information required by this section or failure to bring the establishment into compliance by the next due date of a required report shall constitute a violation of this section. The City Attorney may inform the Texas Alcoholic Beverage Commission that the establishment is no longer in compliance with the city ordinances as previously certified to by the City Secretary and request that the Texas Alcoholic Beverage Commission take whatever action is available under the Texas Alcoholic Beverage Code to revoke the state license.
(G) The person operating an establishment subject to the reporting requirements of this chapter shall permit the City Manager or a designated agent to view and copy the books, records and receipts relative to sales of non-alcohol items and alcoholic beverages at any time after 24 hours notice. In the event the City Manager finds a violation then the business will be required to comply with divisions (A) and (B) above for the succeeding 12 months.
(H) The city shall, at any time, have the right to request the establishment to provide a prior quarters report(s) in order to determine the business has remained in compliance. In the event the establishment fails to be in compliance then in that event the business will be subject to the quarterly reporting requirements for another year.
(Ord. 744, passed 12-17-07) Penalty, see § 117.99