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)
(A) Permits shall be renewed annually. All permits shall terminate at midnight on the day before the anniversary date of their issuance and no permit shall be issued covering a term longer than one year.
(B) If a permittee fails to pay the renewal city permit fee, its permit shall be automatically cancelled. The City Secretary shall send notice of such cancellation to the address on file with the permit application and to the TABC.
(Ord. 120417C, passed 4-17-2012) Penalty, see § 116.99
The sale of alcoholic beverages for off-premise consumption is not permitted in a residential area, except if governmental property is residentially zoned property and is undeveloped as residential, the on-premise and off-premise sale and consumption of alcoholic beverages, in designated areas within the governmental property, is allowed during an activity, event or rental of space approved by the city in advance and shall not be a violation of Chapter 130. No alcoholic beverages are permitted on the governmental property during the activity or event except as provided by vendors at the activity or event. Alcoholic beverages shall be consumed on the governmental property in the designated area if the beverage is opened at the activity or event. The distance requirements under § 116.07 shall apply to sale and consumption permitted by this section. The approval contemplated by this section may be granted by the city manager or their designee.
(Ord. 120417C, passed 4-17-2012; Ord. 190924E, passed 9-24-2019) Penalty, see § 116.99
(A) The sale of alcoholic beverages for off-premise consumption is not permitted within 300 feet of:
(1) A church, public school, or public hospital; or
(2) A private school that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and which has more than 100 students enrolled and attending courses at the location in question.
(B) The sale of alcoholic beverages is not permitted within 300 feet of a “day-care center” or a “child-care facility” as those terms are defined by Tex. Human Resources Code § 42.002. This provision only applies to a place of business selling alcoholic beverages pursuant to a permit issued by the TABC under Tex. Alcoholic Beverage Code Chapters 25, 28, 32, 69 or 74, and which does not also hold a food and beverage certificate from the TABC.
(C) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(D) The measurement of the distance between a place of business where alcoholic beverages are sold and a public or private school shall be:
(1) In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(2) If the place of business is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the place of business is located.
(E) The measurement of the distance between the place of business where alcoholic beverages are sold and a day-care center or a child-care facility shall be calculated in the same manner as used for a public or private school, with the following exceptions (in which event the place of business in question is exempted from the distance requirements):
(1) The place of business selling alcoholic beverages and the day-care center or child-care facility are located on different stories of a multistory building; or
(2) The place of business selling alcoholic beverages and the day-care center or child-care facility are located in separate buildings and either the place of business selling alcoholic beverages or the day-care center or child-care facility is located on the second story or higher of a multistory building.
(F) Variance for alcohol sales.
(1) The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance:
(a) Is not in the best interests of the public;
(b) Constitutes waste or inefficient use of land or other resources;
(c) Creates an undue hardship on the applicant for a license or permit;
(d) Does not serve its intended purpose, is not effective or necessary; or
(e) Would be inequitable because a previous permit was issued for the premises in error.
(2) The City Council may allow a variance to this section for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community.
(3) No variance may be granted under this division (F) except after a public hearing for which notice has been given. Notice of a request for a variance from the distance requirements of this section shall be given to owners of property within 300 feet of the business. The notice area for a variance request relating to a church or public hospital shall be measured in a direct line from the front door of the place of business. The notice area for a variance request relating to a public or private school shall be measured in a direct line from the property line of the place of business. The notice shall be sent via regular United States mail not less than ten days before the date set for hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll.
(4) The City Council may assess a reasonable fee for the administrative costs associated with processing a variance request under this division (F).
(Ord. 120417C, passed 4-17-2012) Penalty, see § 116.99
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