Chapter 6. Alcoholic Beverages

The definitions set forth in the Texas Alcoholic Beverage Code, V.T.C.A., Alcoholic Beverage Code § 1.01 et seq., apply to the words and phrases used in this chapter.

(Code 1967, § 4-1; Ord. No. 3752, § 1, 1-12-84)

(a) Offense.

(1) A dealer whose place of business is within 300 feet of a church, public or private school or public hospital commits an offense if he sells an alcoholic beverage upon his premises.

(2) A permit or license holder whose place of business is within 300 feet of a day care center or a child care facility commits an offense if he sells an alcoholic beverage upon his premises.

(b) Exception.

(1) It is an exception to the application of subsection (a)(1) of this section if such dealer:

a. Has held a valid license or permit continuously since prior to January 9, 1984, at such premises; or

b. Is a holder of:

1. A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a private school; or

2. A license or permit covering a premise where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53, and that is located within 300 feet of a private school.

(2) It is an exception to the application of subsection (a)(2) of this section if:

a. The permit or license holder holds:

1. A permit or license pursuant to V.T.C.A., Alcoholic Beverage Code ch. 25, 28, 32, 69 or 74; and

2. A food and beverage certificate;

b. The permit or license holder holds a permit or license in accordance with the state alcoholic beverage code other than pursuant to V.T.C.A., Alcoholic Beverage Code ch. 25, 28, 32, 69 or 74;

c. The permit or license holder and the day care center or child care facility are located on different stories of a multistory building; or

d. The permit or license holder and the day care center or child care facility are located in separate buildings and either the permit or license holder or the day care center or the child care facility is located on the second story or higher of a multistory building.

(3) It is an exception to the application of subsection (a) if such application would restrict the sale of alcoholic beverages within the Arts, Cultural and Entertainment (ACE) zoning district.

(4) It is an exception to the application of subsection (a) if the sale of alcohol is:

a. At:

1. The Eddie V. Gray Wetlands Education and Recreation Center; or

2. The Wayne Gray Sports Complex; and

b. During a special event for which a special event alcohol application has been submitted and approved by the director of parks and recreation.

(c) Measurements.

(1) The measurement of the distance between the place of business where alcoholic beverages are 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) The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school, day care center or child care facility shall be:

a. In a direct line from the property line of the public or private school, day care center or child care facility 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, day care center or child care facility 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.

(d) Definition. As used in this section, "private school" means a private school, including a parochial school, that:

(1) Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and

(2) Has more than 100 students enrolled and attending courses at a single location.

(Code 1967, § 4-6; Ord. No. 3752, § 1, 1-12-84; Ord. No. 8101, § 1, 10-9-97; Ord. No. 9242, § 1, 10-11-01; Ord. No. 12,205, § 2, 3-14-13; Ord. No. 14,101, § 1, 6-27-19)

(a) A holder of a retail dealer's on-premise late hours license may sell, offer for sale, and deliver beer between midnight and 2:00 a.m. on any day within the city.

(b) A holder of a mixed beverage late hours permit may sell and offer for sale mixed beverages between midnight and 2:00 a.m. on any day within the city.

(Ord. No. 10044, § 1, 3-24-05)

Every person making application for an original alcoholic beverage license or permit with the state alcoholic beverage commission shall give notice to the city clerk by providing the original application and a copy of the personal history sheet filed with such application.

(Code 1967, § 4-2; Ord. No. 3752, § 1, 1-12-84; Ord. No. 3852, § 1, 5-24-84)

(a) The city council levies the maximum fee permitted pursuant to V.T.C.A., Alcoholic Beverage Code §§ 11.38 and 61.36, collectable and concurrently valid with the issuance of a license or permit by the state alcoholic beverage commission. The fee shall be paid to the city clerk.

(b) A permittee who sells an alcoholic beverage without first having paid a fee levied under this section commits a misdemeanor punishable by a fine of not less than $10.00 or more than $200.00.

(Code 1967, § 4-3; Ord. No. 3752, § 1, 1-12-84; Ord. No. 8216, § 1, 2-26-98)

Under this article the city clerk shall certify to the state alcoholic beverage commission, whether the location or address in the application is in a wet area, and whether the sale of alcoholic beverages for which the license or permit is sought is prohibited by the Charter or by ordinance.

(Code 1967, § 4-4; Ord. No. 3752, § 1, 1-12-84; Ord. No. 11,349, § 1, 5-13-10)

Under this article a current valid fee receipt issued by the city clerk shall be posted at all times during business hours in a conspicuous place upon the premises.

(Code 1967, § 4-5; Ord. No. 3752, § 1, 1-12-84)