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(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)
(a) A police officer of the city who arrests or issues a citation to a person for public intoxication, or for any other alcohol-related Class C misdemeanor or city ordinance violation, shall seize any alcoholic beverage in the possession of the person at the time of the arrest or citation.
(b) Except as provided in Subsection (c), and unless specifically provided otherwise by another applicable city ordinance or state or federal law, containers of alcoholic beverages seized under Subsection (a) must be disposed of as follows:
(1) If the person arrested or cited is under 21 years of age, each container, whether opened or unopened, must be discarded in accordance with the rules and regulations promulgated by the chief of police.
(2) If the person arrested or cited is 21 years of age or older:
(A) any open container must be discarded in accordance with the rules and regulations promulgated by the chief of police; and
(B) any unopened container will be:
(i) released, with the consent of the person taken into custody, to a third party who is 21 years of age or older; or
(ii) stored by the police department pending the release of the person in custody.
(c) If 24 or more unopened containers of alcoholic beverages are seized from a person under Subsection (a), each unopened container will be stored by the police department pending a hearing to be held by the municipal court following the disposition of the charge for which the person was arrested or cited. At the hearing, the municipal court may order:
(1) the return of the containers of alcoholic beverages to the person from whom they were seized, if the person is 21 years of age or older;
(2) the destruction of the alcoholic beverages by the police department in accordance with the rules and regulations promulgated by the chief of police; or
(3) such other disposition as the municipal court deems necessary. (Ord. Nos. 15868; 21735; 22619)
(a) Pursuant to Sections 105.03(d) and 105.05(d) of the Texas Alcoholic Beverage Code, as amended, late hours sales of alcoholic beverages are authorized in any part of the city of Dallas located within a county having a population of less than 500,000, according to the last preceding federal census, as follows:
(1) A holder of a mixed beverage late hours permit may sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.
(2) A holder of a retail dealer’s on-premise late hours license may sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day.
(b) This section expires on June 25, 2005, unless sooner terminated or extended by ordinance of the city council. (Ord. 25322)