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(a) A person commits an offense if he consumes an alcoholic beverage outside the Dallas central area on:
(1) any property owned or leased by the city; or
(2) a public street or any public place within 18 feet of a public street.
(b) A person commits an offense if he possesses an open container of or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prekindergarten through twelfth grade.
(c) A person commits an offense if he possesses an open container of or consumes an alcoholic beverage within the Dallas central area.
(d) It is a defense to prosecution under Subsection (a), (b), or (c) of this section that the person:
(1) was attending a special event:
(A) that was authorized by the city; and
(B) for which a valid permit or license to sell or serve alcoholic beverages was issued by the Texas Alcoholic Beverage Commission;
(2) was within the area of an establishment licensed by the Texas Alcoholic Beverage Commission for alcohol consumption on the premises.
(3) is able to prove a defense to prosecution under Section 32-11.3(b) of this code;
(4) was in a motor vehicle;
(5) was inside a building not owned or controlled by the city; or
(6) was inside a residential structure.
(e) Nothing in this section is intended to prohibit or otherwise control the manufacture, sale, distribution, transportation, or possession of alcoholic beverages, except to the extent allowed by state law. (Ord. Nos. 15635; 15816; 15849; 16600; 19963; 21021; 21352; 21385; 21735; 21828; 25174)
The penalties provided for by this chapter are subject to the limitations of the Texas Alcoholic Beverage Code, and if there is any conflict between the penalties of this chapter and the state law, then to that extent the state law controls, and the municipal court of the city will have jurisdiction of any offense under this chapter and under the state law only where the Constitution and the general law of this state confer such jurisdiction. (Code 1941, Art. 69-14; Ord. 21735)
(a) The city hereby levies, and shall collect, a fee from every person who is issued a permit or license for a premise located within the city, as allowed under the Texas Alcoholic Beverage Code, as amended. The amount of the fee is the maximum permitted under state law.
(b) The Special Collections Division of the Dallas Water Utilities Department shall, upon receipt of payment, issue and provide a receipt to the permittee or licensee.
(c) The receipt must be displayed with the certificate of occupancy in a conspicuous location at the permitted or licensed premise at all times. A person commits an offense if he fails to display the receipt in accordance with this subsection.
(d) A refund of the fees levied under this section may not be made for any reason, except when:
(1) the permittee or licensee is prevented from continuing in business as a result of a local option election; or
(2) the Texas Alcoholic Beverage Commission or its administrator rejects a permit or license application.
(e) A permittee or licensee who sells an alcoholic beverage at a business location within the city before the permittee or licensee pays the fees levied under this section commits a class C misdemeanor punishable by a fine of not less than $10 and not more than $200. (Ord. Nos. 30653; 31332, eff. 10/1/19)
The sale of beer is prohibited at a location that is within a residential zoning district or an identifiable portion of a planned development or conservation district restricted to residential uses, except as allowed by the Dallas Development Code. (Ord. Nos. 15371; 21735)
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