Section
116.01 Definitions
116.02 Permit required; procedures
116.03 Administrative and application fees
116.04 Permit renewal
116.05 Hours of operation
116.06 Residential area
116.07 Restriction on location of places of business
116.08 Survey required
116.09 Convenience store and drive-through sales of beer and wine for off-premise consumption
116.10 Certificate of occupancy
116.11 Signs
116.99 Penalty
Cross-reference:
Additional provisions re: consumption/possession of alcoholic beverages, see Ch. 130
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE.
Alcohol, or any beverage containing more than .5% of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
ALE AND MALT LIQUOR.
A malt beverage containing more than 4% of alcohol by weight.
BEER.
A malt beverage containing .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.
OFF-PREMISE or OFF-PREMISES.
Locations other than those described in the definition of
PREMISES
in this section.
PREMISES.
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
RESIDENTIAL AREA.
(1) An area designated as a residential zoning district by a governing ordinance or code;
(2) An area in which the actual land use is predominantly one of private residences;
(3) A subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75% of the front footage along the block face; and/or
(4) A subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use.
WINE AND VINOUS LIQUOR.
The product (or libation) obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries or honey, and includes wine coolers.
(Ord. 120417C, passed 4-17-2012)
(A) It shall be unlawful for any person or establishment to import, transport or store for the purposes of sale, to distribute or to sell any beer or wine for off-premise consumption within the city unless such person has obtained a city permit from the office of the City Secretary.
(B) Any person or establishment wishing to import, transport or store for the purposes of sale, to distribute or to sell any beer or wine for off-premise consumption must complete a city permit application and pay the application fee as set forth in § 116.03.
(C) The City Secretary shall submit each application to the appropriate city departments, as determined by the City Manager, to ensure that the application complies with all city ordinances and regulations, including this § 116.02.
(D) Upon investigation and determination of compliance with all applicable ordinances and payment of the initial permit application fee as set forth in § 116.03, the City Secretary shall issue to the applicant the proper permit, which shall state on its face the location, type of business for which it is issued, and the date when it will expire. The permit shall be posted in a prominent place, visible to the customers of the establishment.
(E) Applications and permits shall be kept on file in the City Secretary’s office.
(Ord. 120417C, passed 4-17-2012) Penalty, see § 116.99
(A) Administrative processing fee. As determined from time to time by the City Council, an administrative processing fee shall be charged by the City Secretary for accepting any permit application or permit renewal application. A permit application or permit renewal application shall be accompanied by the administrative processing fee.
(B) Initial city permit. The initial city permit fee amount shall be equal to one-half the state fee amount required by the Texas Alcoholic Beverage Commission (“TABC”) of every person who may be issued any state permit or license for the importing, transporting, storing for purposes of sale, distributing or sale of any beer or wine for off-premise consumption, unless a different fee amount is allowed or required by state law. The fee amount shall not exceed the maximum amount permitted by applicable state law. Receipt of the initial city permit fee is required prior to issuance of a city permit.
(C) Renewal city permit. The city shall require payment of an annual renewal city permit fee by any person or establishment who possesses a current permit to import, transport or store for purposes of sale, distribute or sell any beer or wine for off-premise consumption within the city. The renewal city permit fee amount shall be equal to one-half of the state fee amount required by the TABC for importing, transporting, storing for purposes of sale, distributing or sale of any beer or wine for off-premise consumption, unless a different fee amount is allowed or required by state law. The fee amount shall not exceed the maximum amount permitted by applicable state law. Receipt of the renewal permit fee is required prior to issuance of a city permit.
(D) Receipt. The City Secretary shall issue a receipt for payment of the administrative processing fee, initial application permit fee and renewal permit fee and keep a record of the fees.
(Ord. 120417C, passed 4-17-2012)
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