For purposes of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified herein, unless the context clearly indicates or requires a different meaning. Where terms are not defined, they shall have their ordinary, accepted meanings within the context with which they are used. Words in the singular shall include the plural and the plural the singular. Words used in the masculine gender shall include the feminine and the feminine the masculine.
ALCOHOLIC BEVERAGE. An alcohol, or any beverage containing more than 0.5% of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
ALCOHOLIC BEVERAGE ESTABLISHMENT. A person or dealer that sells, as defined herein, one or more alcoholic beverages.
BEER. A malt beverage containing 0.5% or more of alcohol by volume and not more than 4% of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.
CHILD CARE FACILITY. A facility licensed, certified, or registered by the Texas Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
DAY CARE CENTER. A child care facility that provides care for more than 12 children less than 14 years of age for less than 24 hours a day.
DEALER. This term has the same meaning as that term is used in the Texas Alcoholic Beverage Code (TABC) § 109.33. and shall include PERSON as that term is defined in this section.
OPEN CONTAINER. A container that is no longer sealed.
PERSON. A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
PRIVATE SCHOOL. A private school, including a parochial school, that:
(1) Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(2) Has more than 100 students enrolled and attending courses at a single location.
SCHOOL. A public school, including a parochial school, that:
(1) Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(2) Has more than 100 students enrolled and attending courses at any single location affected by this chapter.
SELL. Includes any of the following activities:
(1) Manufactures, distills, brews, sells, possesses for the purpose of sale, imports into this state, exports from this state, transports, distributes, warehouses, or stores liquor;
(2) Solicits or takes orders for liquor; or
(3) For the purpose of sales, bottles, rectifies, blends, treats, fortifies, mixes, or processes liquor.
(Ord. O-12-737, passed 5-21-2012)