(A) Findings of fact. The City Commission finds as facts the following.
(1) The county is a county of less than 500,000 population according to the last preceding federal census.
(2) By virtue of Tex. Alcoholic Beverage Code § 105.05, as amended, the City Commission, the governing body of the city, is authorized to set, and has set in divisions (B) and (C) below, hours each week in which it shall be unlawful for any person to sell beer or offer beer for sale within the city.
(B) Persons not holding retail dealer’s on-premises late hours license. If a person does not hold a retail dealer’s on-premises late hours license, it shall be unlawful for him or her to sell beer or offer beer for sale:
(1) On Sunday between the hours of 1:00 a.m. and 12:00 noon; and
(2) On any day, except Sunday between the hours of 12:00 midnight and 7:00 a.m.
(C) Persons holding retail dealer’s on-premises late hours license. If a person holds a retail dealer’s on-premises late hours license, it shall be unlawful for him or her to sell beer or offer beer for sale:
(1) On Sunday at any time between the hours of 2:00 a.m. and 12:00 noon; and
(2) On any day, except Sunday at any time between the hours of 2:00 a.m. and 7:00 a.m.
(1998 Code, § 10-3) Penalty, see § 119.99