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§ 113.08 VIOLATIONS.
   A licensee or permittee who sells an alcoholic beverage without first having paid the fees levied under this chapter or who fails to pay the full amount of the fees levied under this chapter when due commits an offense.
(Ord. 2012-010, passed 11-16-2012) Penalty, see § 113.99
§ 113.09 SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOL, CHURCH, OR HOSPITAL.
   (A)   Prohibition on sale of alcoholic beverages. It shall be unlawful for any person to sell either wholesale or retail, any alcoholic beverage (as defined by the Tex. Alcoholic Beverage Code) within 300 feet of a church, public school, private school, or public hospital.
   (B)   Measuring distance.
      (1)   Church or public hospital. The measurement of the distance between the place of business where the alcoholic beverage is sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door and in direct line across intersections.
      (2)   Public or private schools. The measurement of the distance between the place of business where the alcoholic beverage is sold and the public or private school shall be:
         (a)   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
         (b)   If the permit or license holder 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, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
   (C)   TABC controls. In the event of a conflict between the method of measuring distance set forth in this chapter and set forth in TABC § 109.33, as amended, the measurement set forth in the TABC shall control.
(Ord. 2012-010, passed 11-16-2012) Penalty, see § 113.99
§ 113.10 BEER SALES IN RESIDENTIAL AREA PROHIBITED.
   It shall be unlawful for any person to sell, either wholesale or retail, beer within any residential area of the city.
(Ord. 2012-010, passed 11-16-2012) Penalty, see § 113.99
§ 113.99 PENALTY.
   (A)   Any person who violates this chapter as set forth in § 113.08 commits a misdemeanor punishable by a fine of not less than $10 or more than $200. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. Any violation of this chapter may be used as grounds for cancellation, suspension or denial of a permit.
   (B)   Any person who shall violate any of the provisions of §§ 113.09 or 113.10, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ord. 2012-010, passed 11-16-2012)