The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverages.
The same meaning as defined by the Texas Alcoholic Beverage Code, as amended.
(Ordinance 08-0717 adopted 7/–/08)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1.01.009 of this code.
(Ordinance 08-0717 adopted 7/–/08)
(a) 
No person may sell alcoholic beverages if the place of business is within:
(1) 
Three hundred (300) feet of a church, public or private school, or public hospital.
(2) 
One thousand (1,000) feet of a public school, if the city council by resolution, approves a request from the board of trustees of a school district under V.T.C.A., Education Code, section 38.007.
(3) 
One thousand (1,000) feet of a private school, if the city council by resolution, approves a request from the governing body of the private school.
(b) 
Subsection (a)(1) does not apply to the holder of:
(1) 
A license or permit issued under the Texas Alcoholic Beverage Code who also holds a food and beverage certificate by the state alcoholic beverage commission covering the premises that is located within 300 feet of a private school; or
(2) 
A license or permit covering a premises where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code, section 109.53 and that is located [within] 300 feet of a private school.
(c) 
Subsections (a)(2) and (3) do not apply to the holder of:
(1) 
A retail on-premises consumption permit or license issued by the state alcoholic beverage commission if less than 50% of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(2) 
A retail off-premises consumption permit or license issued by the state alcoholic beverage commission if less than 50% of the gross receipts for the premises, excluding the sale of items subject to the motor fuel tax, is from the sale or service of alcoholic beverages; or
(3) 
A wholesaler’s, distributor’s, brewer’s, distiller’s, and rectifier’s, winery, wine bottler’s or manufacturer’s permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are used and understood in V.T.C.A, Alcoholic Beverage Code, chapter 102.
(d) 
Subsection (a)(3) does not apply to the holder of:
(1) 
A license or permit issued under V.T.C.A. Alcoholic Beverage Code, chapter 27 (Temporary and Special Wine and Beer Retailer’s Permit), V.T.C.A. Alcoholic Beverage Code, chapter 31 (Caterer’s Permit), or V.T.C.A. Alcoholic Beverage Code, chapter 72 (Temporary Licenses) who is operating on the premises of a private school; or
(2) 
A license or permit covering a premises where minors are prohibited from entering under V.T.C.A. Alcoholic Beverage Code, section 109.53, and that is located within 1,000 feet of a private school.
(e) 
For the purposes of this section, “private school” means a private school, including a parochial school that offers a course or instruction for students in one or more grades from kindergarten through grade 12 and has more than 100 students enrolled and attending courses at a single location.
(f) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold, and public or private schools shall be:
(1) 
In a direct line from the property line of the public or private school to property line of the place of business, and in a direct line across the intersections; or
(2) 
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.
(g) 
For any dealer who held a license or permit from the state alcoholic beverage commission on September 1, 1983, the measurement of the distance between the place of business of the dealer and a public or private school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(h) 
Applications of distance requirements:
(1) 
If at the time an original alcoholic beverage permit or license is granted by the state alcoholic beverage commission for a premises, the premises satisfies the requirements regarding distance from schools, churches, and other types of premises set forth in this section, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.
(2) 
On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license. This subsection does not apply to the satisfaction of the distance requirements prescribed by subsection (a)(2) for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license, this subsection does apply to the holder’s surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license, subsection (h)(1) does not apply to the satisfaction of the distance requirement prescribed by subsection (a)(2) for a public school if the holder’s permit or license has been suspended for a violation occurring after September 1, 1995, of any of the following provisions of the Texas Alcoholic Beverage Code: sections 11.61(b)(1), (6)–(11), (13), (14), or (20); or section 61.71(a)(5)–(8), (11), (12), (14), (17), (18), (22), or (24).
(Ordinance 08-0717 adopted 7/–/08)
(a) 
This section applies only to a permit or license holder under V.T.C.A Alcoholic Beverage Code, chapter 25, 28, 32, 69, or 74, who does not have a food and beverage certificate.
(b) 
Except as provided by this subsection the provisions of section 4.05.003 relating to a public school also apply to daycare center and a childcare facility as those terms are defined by V.T.C.A Human Resources Code, chapter 42.002. Section 4.05.003(a)(2) does not apply to a daycare center or a childcare facility.
(c) 
This section does not apply to a permit or license holder who sells alcoholic beverages if:
(1) 
The permit or license holder and the daycare center or childcare facility are located on different stories of a multistory building; or
(2) 
The permit or license holder and the daycare center or childcare facility are located in separate buildings and either the permit or license holder or the daycare center or childcare facility is located on the second story or higher of a multistory building.
(d) 
This section does not apply to a foster group home, foster family home, family home, agency foster group home, or agency foster home as those terms are defined by section 42.002, V.T.C.A Human Resources Code.
(Ordinance 08-0717 adopted 7/–/08; Ordinance adopting Code)
(a) 
There is hereby levied an annual permit fee and in the amount equal to one-half (1/2) of the fee charged by the state for each particular permit or license (or the maximum fee that the city is authorized by law to charge) issued by the Texas Alcoholic Beverage Commission, except when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code. The fee shall be paid to the city secretary at the time of application and on the date such state permit or license is renewed with the state thereafter. Following payment of the fee and approval of the permit application, the city secretary shall issue a permit for the location for a period of one year.
(b) 
The permit issued under the provisions of the state alcoholic beverage code shall be prima facie proof of the classification of the occupation upon which the tax is levied and shall be the sole basis of determination of the amount of the license fee.
(Ordinance 08-0717 adopted 7/–/08)