Chapter 3. Alcoholic Beverages

History: Ord. No. 1977-009; amended Ord. Nos. 1998-011, 2000-027; recodified Ord. No. 2004-041; amended Ord. Nos. 2016-024, 2022-047

Sec. 3-1. Definitions.

In this chapter:

(1) Alcoholic beverage, license, permit, and premises have the meanings assigned by the Texas Alcoholic Beverage Code.

(2) Code means the Texas Alcoholic Beverage Code.

(3) Commission means the Texas Alcoholic Beverage Commission (TABC).

(4) Last call means the final announcement, by any means, that alcoholic beverages will no longer be sold or served on the premises that day.

(5) Permittee means the holder of a license or permit issued by the Commission for premises located in the City.

(6) Specific use permit means a specific use permit granted under Section 14-7.

Sec. 3-2. State law adopted; conflicts.

(a) The sale, possession, and consumption of alcoholic beverages in the City are governed by the Code and the rules of the Commission, except as provided in this chapter.

(b) This chapter does not authorize any act prohibited by state law. If this chapter conflicts with state law, state law controls.

Sec. 3-3. Hours of sale and consumption.

(a) No permittee shall sell or serve an alcoholic beverage, or permit the consumption of an alcoholic beverage on the premises, at any time other than the hours authorized by Chapter 105 of the Code and this chapter.

(b) The City is an extended hours area under Section 105.06 of the Code as a result of the local option election held May 6, 2000. A permittee holding a late hours permit may sell and serve alcoholic beverages for on-premises consumption until 2:00 a.m.

(c) No person shall consume an alcoholic beverage on licensed premises more than 15 minutes after the end of the hours of sale applicable to the premises.

(d) Hours of sale for off-premises consumption are as provided by the Code.

Sec. 3-4. Hours and conditions set by specific use permit.

(a) A specific use permit for an establishment may restrict the hours of sale, the time of last call, outdoor service, entertainment, lighting, or special effects more strictly than this chapter or the Code. Where a specific use permit is more restrictive, the permit controls.

(b) An applicant may request conditions more restrictive than this chapter. The City does not require the applicant to state a reason for the request, and the absence of a stated reason does not affect the validity of the condition.

(c) A permittee whose specific use permit sets the time of last call shall not sell or serve an alcoholic beverage after last call, even if the hours authorized by Section 3-3 have not ended.

(d) The Planning & Development Department shall maintain a list of specific use permits that contain conditions on the service of alcoholic beverages. The list is available from the City Secretary.

Editor’s note: For example, SUP-1998-01 (120 N Main St) provides that last call shall occur no later than 9:15 p.m., at the applicant’s request.

Sec. 3-5. City certification; local fee.

(a) Certification. Before submitting an application for an original or renewal license or permit to the Commission, an applicant for premises in the City shall obtain certification from the City Secretary on the form prescribed by the Commission.

(b) The City Secretary shall certify:

(1) whether the premises are located within the city limits;

(2) whether the sale of the type of alcoholic beverage applied for is legal at the location; and

(3) whether the premises comply with Section 3-6 and with Chapter 14, including any applicable specific use permit.

(d) Local fee. As authorized by Sections 11.38 and 61.36 of the Code, the City levies a fee equal to one-half of the state fee for each license or permit issued for premises in the City, except where state law prohibits a local fee. The fee is due at the time of certification and is not refundable.

(e) Certification is a statement of the facts known to the City Secretary on the date it is signed. It is not an endorsement of the establishment or its menu.

Sec. 3-6. Sales near churches, schools and hospitals.

(a) No person shall sell alcoholic beverages at a place of business located within 300 feet of a church, public or private school, or public hospital, as authorized by Section 109.33 of the Code.

(b) The distance between a place of business and a church or public hospital shall be measured along the property lines of the street fronts, from front door to front door, and in a direct line across intersections. The distance between a place of business and a school shall be measured in a direct line from the nearest property line of the school to the nearest property line of the place of business, and in a direct line across intersections.

(d) This section does not apply to premises that were lawfully licensed or permitted before the church, school, or hospital was established within 300 feet, to the extent provided by the Code.

Sec. 3-7. Consumption in public places.

(a) No person shall consume an alcoholic beverage, or possess an open container of an alcoholic beverage, on a public street, sidewalk, or parking lot in the Central Business District, except within a permitted sidewalk café area or at a special event for which the Commission has issued a temporary permit and the City has issued a special event permit.

(b) Alcoholic beverages in City parks are governed by Section 12-5.

Sec. 3-8. Rooftop and elevated patios.

(a) An outdoor patio used for the service of alcoholic beverages shall be shown on the site plan submitted with the request for City certification and shall comply with the building and fire codes adopted in Chapters 5 and 9.

(b) An outdoor patio located on the roof of a building may be designated by specific use permit as a patio and not a roof. A patio so designated is subject to the regulations that apply to outdoor patios and not to those that apply to roofs.

Editor’s note: SUP-2016-03 (110 Mainer St) provides that the rooftop patio is not a roof.

Sec. 3-9. Penalty.

(a) A person who violates this chapter commits an offense punishable as provided in Section 1-8.

(b) A violation of a condition of a specific use permit is also grounds for revocation of the permit under Section 14-7, and the City may protest the renewal of the permittee’s state license or permit as provided by the Code.