(A) Findings of fact. The City Commission finds as facts the following.
(1) The county is a county of less than 300,000 population according to the last preceding federal census.
(2) By virtue of Tex. Alcoholic Beverage Code §§ 22.08, 105.01 through 105.03, 201.09, 201.13, 201.45 and 201.47, 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 any mixed beverages as that term is defined by Tex. Alcoholic Beverage Code § 1.04(13), as amended, or offer any mixed beverages for sale within the city.
(B) Persons not holding mixed beverage late hours permit. If a person does not hold a mixed beverage late hours permit, duly issued as provided by the Alcoholic Beverage Code, it shall be unlawful for him or her to sell any mixed beverage or offer any mixed beverage 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 mixed beverage late hours permit. If a person holds a mixed beverage late hours permit, duly issued as provided by the Alcoholic Beverage Code, it shall be unlawful for him or her to sell any mixed beverage or offer any mixed beverage 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, § 10-5) Penalty, see § 119.99