A. License Required: No person shall allow alcohol to be carried in for consumption on the premises of a public accommodation without having a BYOB license which is hereby created.
B. Application Requirements:
1. Applicant must show proof of ownership or present a fully executed lease for the period for which the license is to be issued for the premises for which the license is sought.
2. If applicant is not the property owner, proof must be provided of consent of property owner to obtain BYOB license for the premises.
3. Applicant must be the beneficial owner of the business to be licensed.
4. Applicant must provide a certificate of insurance reflecting general liability in the amount of two hundred fifty thousand dollars ($250,000.00), naming the city of Plano as certificate holder and additional insured.
5. Applicant must agree in writing to save and hold harmless the city of Plano from any and all claims arising out of consumption of alcoholic liquor on the premises.
6. Applicant must agree to abide by the city of Plano liquor code, including the prohibition of allowing minors to consume and the observance of the hours of consumption.
C. Terms And Conditions: All BYOB licenses shall be subject to the following terms and conditions. Violation of these terms and conditions may be cause for revocation of license at the discretion of the liquor commissioner.
1. Term: A license is purely a personal privilege, good for not to exceed one year from the date of issuance. The one year period shall be from May 1 of each year to April 30 of each following year, unless sooner revoked or suspended.
2. Expiration: All licenses, regardless of the date of issuance, shall terminate on April 30 of each year following the date of issuance.
3. Closing Hours: All persons to whom licenses are issued authorizing them to allow BYOB shall close their respective places of business, regardless of whether they are conducting other types of business on the premises for which said licenses are issued:
a. At twelve o'clock (12:00) midnight on Sunday;
b. At one o'clock (1:00) A.M. on Monday, Tuesday, Wednesday and Thursday nights; and
c. At two o'clock (2:00) A.M. on Friday and Saturday nights of each week.
Licensees shall keep their respective places of business closed until six o'clock (6:00) A.M. in the morning following, except, on Sunday they shall keep their said places of business closed until ten o'clock (10:00) A.M. Provided, however, any licensee who is engaged in operating any other business at the same location may open said place of business at six o'clock (6:00) A.M. on Sundays solely for the purpose of transacting such other business, but in no case shall it be lawful for any licensee to allow BYOB during the hours said liquor establishments are required to be kept closed under the provisions of this chapter. It shall be unlawful for any patron to remain within the licensed premises for longer than twenty (20) minutes after closing time and it shall be the duty and responsibility of each licensee, and the agents and employees of each licensee, to enforce this regulation by requiring all patrons to leave the premises within the time specified after closing time.
The hours mentioned herein shall be Central Standard Time except when daylight saving time is in effect, and then said hours shall be Central Daylight Saving Time.
4. Serving Or Furnishing Alcohol: No license holder under this section shall serve or allow beer or wine to be consumed by any person under the age of twenty one (21), or to any intoxicated person, or to any person known by him or her to be under legal disability or in need of mental treatment, or harbor or license any intoxicated persons to loiter on the premises described in the license or allow any conduct which shall tend to disturb the peace and quiet of the neighborhood, or the premises.
5. Service By Minors: No holder of a BYOB license shall suffer or permit any person under the age of twenty one (21) to open, dispense, pour, or serve any beer or wine or any other alcoholic beverage, or in any way tend bar as an employee of any licensed premises. This shall not prevent persons eighteen (18) years of age and over, as employees of licensed premises, from delivering beer and wine for consumption on the premises if allowed by the specific license classification.
D. Classes Created: There are hereby created the following classes:
1. BYOB-Corkage: Permits customer to bring beer or wine only into the licensed premises of a restaurant to be consumed on premises only as a complement to food. For the purposes of this BYOB-corkage license, a restaurant must derive more than forty percent (40%) of its gross revenue (on an annual basis) from the sale of food. The determination of whether the forty percent (40%) gross revenue standard has been met shall be made at the time of license renewal for the year just ended. In the event a license holder has not possessed a BYOB- corkage license for a full year, the determination of whether the forty percent (40%) standard has been met shall be deferred until the next license renewal period. The records used to determine whether said forty percent (40%) standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, or any other form of information deemed acceptable by the city.
a. The following terms and conditions shall apply to a BYOB- corkage license:
(1) Amenities: The license holder is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.
(2) Opening And Pouring: The license holder and employees over the age of twenty one (21) are permitted to open and pour the wine or beer.
(3) Storage: The license holder is permitted to provide storage for the beer or wine as allowed by all applicable laws.
(4) Corkage Fee: The license holder may charge a corkage fee for these services.
(5) Opened Bottles: An opened bottle of wine may be removed from the restaurant provided staff seals the container in a tamperproof bag as provided by law.
(6) Dramshop Insurance: Each licensee shall procure and maintain, at all times while the license is in effect, a policy or policies of dramshop insurance, in the minimum statutory limits. At the time of the initial application for a liquor license and at the time of the renewal of such liquor license proof of the existence of such policy or policies of dramshop insurance shall be tendered to the liquor commissioner. Upon request by the liquor commissioner, each licensee shall, periodically, provide the liquor commissioner with evidence that such policy or policies of dramshop insurance are in full force and effect. Failure to procure and maintain such policy or policies of dramshop insurance shall constitute sufficient grounds to deny the application for or renewal of a liquor license under this chapter.
(7) Number And Fee: The number and fee for a BYOB- corkage license shall be as set forth in section 3-2-7 of this chapter.
2. BYOB License: Permits customer to bring beer or wine only into the licensed premises of a restaurant to be consumed on premises only as a complement to food. For the purposes of this BYOB license, a restaurant must derive more than forty percent (40%) of its gross revenue (on an annual basis) from the sale of food. The determination of whether the forty percent (40%) gross revenue standard has been met shall be made at the time of license renewal for the year just ended. In the event a license holder has not possessed a BYOB license for a full year, the determination of whether the forty percent (40%) standard has been met shall be deferred until the next license renewal period. The records used to determine whether said forty percent (40%) standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, or any other form of information deemed acceptable by the city.
a. The following terms and conditions shall apply to a BYOB license:
(1) Amenities: The license holder is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.
(2) Opening And Pouring Prohibited: No license holder, or any employee or staff member is permitted to open and pour the wine or beer.
(3) Storage Prohibited: No storage of beer or wine is permitted.
(4) Corkage Fee Prohibited: No corkage fee may be charged.
(5) Opened Bottles: An opened bottle of wine may not be removed from the restaurant but must be disposed of before the customer leaves the premises.
(6) Dramshop Insurance: Each licensee shall procure and maintain, at all times while the license is in effect, a policy or policies of dramshop insurance, in the minimum statutory limits. At the time of the initial application for a liquor license and at the time of the renewal of such liquor license proof of the existence of such policy or policies of dramshop insurance shall be tendered to the liquor commissioner. Upon request by the liquor commissioner, each licensee shall, periodically, provide the liquor commissioner with evidence that such policy or policies of dramshop insurance are in full force and effect. Failure to procure and maintain such policy or policies of dramshop insurance shall constitute sufficient grounds to deny the application for or renewal of a liquor license under this chapter.
(7) Number And Fee: The number and fee for a BYOB license shall be as set forth in section 3-2-7 of this chapter.
3. BYOB-Nonrestaurant: Permits customer to bring beer or wine into the licensed premises of a retail establishment to be consumed on premises only at a special event.
a. The following terms and conditions shall apply to a BYOB- nonrestaurant license:
(1) Amenities: The license holder is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.
(2) Opening And Pouring Prohibited: No license holder, or any employee or staff member is permitted to open and pour the wine or beer.
(3) Storage Prohibited: No storage of beer or wine is permitted.
(4) Opened Bottles: An opened bottle of wine or beer may not be removed from the premises but must be disposed of before the customer leaves the premises.
(5) Dramshop Insurance: Each licensee shall procure and maintain, at all times while the license is in effect, a policy or policies of dramshop insurance, in the minimum statutory limits. At the time of the initial application for a liquor license and at the time of the renewal of such liquor license proof of the existence of such policy or policies of dramshop insurance shall be tendered to the liquor commissioner. Upon request by the liquor commissioner, each licensee shall, periodically, provide the liquor commissioner with evidence that such policy or policies of dramshop insurance are in full force and effect. Failure to procure and maintain such policy or policies of dramshop insurance shall constitute sufficient grounds to deny the application for or renewal of a liquor license under this chapter.
(6) Number And Fee: The number and fee for a BYOB-nonrestaurant license shall be as set forth in section 3-2-7 of this chapter. (Ord. 2016-17, 4-25-2016)