(A) It shall be unlawful for any person to sell any type of alcoholic beverage, either for on-premises or off-premises consumption, except where the sale is permitted by ordinances of the city.
(B) The types of licenses for the sale of alcoholic beverages are hereby established as follows:
(1) License A: off-premises consumption sale of wine, beer, or ale;
(2) License B: off-premises consumption sale of beer;
(3) License C: off-premises consumption sale of beer, wine, and liquor;
(4) License D: on-premises consumption sale of beer and wine;
(5) License E: warehouse storage of beer, wine, or liquor for distributors; no sale of beer for on- or off-premises consumption permitted on the premises;
(6) License F: on-premises consumption of mixed beverages; permit authorizing the holder to serve alcoholic beverages on the premises;
(7) License G: retail dealer's on-premises late hours license. A retail dealer's on-premises late hours license for on-premises consumption sale of beer shall authorize the holder thereof to sell beer on Sunday between the hours of 1:00 a.m. and 2:00 a.m., and on any day except Sunday between the hours of 12:00 p.m., and 2:00 a.m., provided that the premises covered by the license are in an authorized sales district and where the sale of beer during the hours has been approved by the city. All sections of the Alcoholic Beverage Code which apply to the retail dealer's on-premises license shall also apply to the retail dealer's on-premises late hour license. The annual city fee for retail dealer's on-premises late hours license shall be one-half of the state fee for retail dealer's on-premises late hours license; and
(8) License H: mixed beverage late hours permit. A mixed beverage late hours permit shall authorize the holder thereof to permit persons to consume or be served alcoholic beverages on permittee premises on Sunday between the hours of 1:00 a.m. and 2:00 a.m. and on any day except Sunday between the hours of 12:00 p.m. and 2:00 a.m., provided that the premises covered by the permit are authorized and where consumption or service of alcoholic beverages in a public place during the hours has been approved by the city. All sections of the Alcoholic Beverage Code which apply to the mixed beverage permit shall also apply to the mixed beverage late hours permit. The annual city fee for a mixed beverage late hours permit shall be one-half of the state fee for mixed beverage late hours permit.
(C) The City Secretary is hereby authorized to sign applications for the late hours permits described herein, provided those provisions set forth herein have been satisfied.
(D) All existing businesses are approved by the City Council and are hereby reclassified according to the above license classifications. Alcoholic beverage licenses are hereby removed from those businesses and locations no longer selling, distributing, or dispensing alcoholic beverages.
(E) New applications for licensing according to one of the classifications prescribed by division (B) above will be considered only if the property to be licensed is located in at least a commercial area. Specific uses, such as warehouse for distribution, restaurant, tavern, lounge, or bar, are not permitted in a neighborhood area.
(F) Written application for licensing for the sale of alcoholic beverages shall be made on forms provided by the city and filed with the City Secretary. The application shall be signed by the actual lessee or intended operator of the business for which the licensing is sought. The owner of the property must file a written consent to the application, unless the owner is making the application. Every application shall contain the following:
(1) An adequate legal description of the property for which licensing is sought, either by lot and block number or by metes and bounds description;
(2) The exact nature of the business to be operated must be fully described;
(3) A plat of the property must be attached to the application showing the improvements, parking areas, location of signs, and other structures on the property and within 300 feet to scale;
(4) A description of signs and the hours they will be operated;
(5) A floor plan of the building in which the business is to be conducted must be attached to the application, showing fixtures, furniture, restrooms, kitchen, and other equipment;
(6) A statement giving the names, addresses, and interests of all persons having a direct or indirect financial interest in the property and the business to be conducted; and
(7) A verified statement must be attached to the application, stating that the building is not within 300 feet of a church, school, or hospital and that the building is in compliance with the requirements of this chapter for separate toilet facilities for men and women, if used for on-premises consumption for beer and/or wine.
(G) A filing fee of $100 for processing an application filed under this section must be paid when the application is filed.
(H) (1) No application to license property under this section shall be approved:
(a) If the applicant or application does not meet all requirements of the ordinances of the city;
(b) If the granting of the application shall increase the number of alcoholic beverage establishments to more than three in any one block, a
BLOCK to be defined as being from intersection to intersection on both sides of the street; and/or
(c) If the applicant shall owe any delinquent taxes to the city or to the Willis Independent School District.
(2) As used in this division (H), the term
APPLICANT shall also mean and include each member of a partnership or association and all officers and the owner or owners of the majority of the corporate stock of a corporation and the manager of the business for a corporation.
(I) After the requirements for application to license property under the provisions of this section have been met, a public hearing shall be scheduled by the City Secretary at a regular meeting of the City Council, at least five days in advance of the Council meeting by published notice in an official newspaper in the city. Notice shall inform the public of the time and place of holding the public hearing. The notice shall be published a minimum of one time. If the application or if the licensing is not approved by the City Council, no new application may be filed for a period of one year from the date of the public hearing on the original application, unless the City Council shall determine that conditions have so changed that an earlier hearing would be justified.
(J) Uses permitted under any of the licenses designated in this section may not be converted to another use, but application for the new use under the provisions applicable must be made as in the case of an original application.
(Ord. 77-118-A, passed 1-18-1977) Penalty, see § 112.99