HomeMy WebLinkAboutORD 98-72 - Alcoholic Beverage11RDINANCE
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WHEREAS, the Texas Alcoholic Beverage Code ('TABC") allows municipalities to
prohibit the sale of beer in residential areas of the municipality;
WHEREAS, with certain exceptions, the TABC allows a municipality to assess and
collect a license fee to any person wishing to manufacture, distill, brew, sell, possess for
the purpose of sale, transport, import, export, distribute, warehouse, store, solicit or take
orders for alcoholic beverages;
WHEREAS, the TABC authorizes a municipality to regulate the sale of alcoholic
beverages by a dealer whose place of business is within 300 feet of a church, public
school or public hospital;
WHEREAS, the TABC authorizes a municipality to regulate the sale of alcoholic
beverages by a dealer whose place of business is within 1,000 feet of a public school, if
the governing body receives a request from the board of trustees of a school district;
WHEREAS, the City of Georgetown, Texas elects to not adopt the late hours permit
provisions found in the TABC;
WHEREAS, a municipality may limit the hours of consumption or possession with
the intent to consume;
WHEREAS, the City of Georgetown, Texas wishes to limit the sale of alcoholic
beverages within City -owned or operated parks to holders of special event permits;
Ordinance No. 71 - Page 1 of 3
WHEREAS, the City of Georgetown, Texas through its zoning powers will allow
businesses that derive seventy-five percent or more of their gross revenue from the on -
premise sale of alcoholic beverages to operate with a special permit in the CA zoning
district;
WHEREAS, a home rule municipality may pass and enforce ordinances necessary
to protect health, life, and property and to preserve the good government, order, and
security of the municipality and its inhabitants;
WHEREAS, in order to protect the health and welfare of all residents within the City
of Georgetown, the City Council has found it necessary to restrict the areas in which
alcoholic beverages may be sold;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN,
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements Growth and Physical Development Policy 1 of the
Century Plan - Policy Plan Element and Policy 8, Ends A & B of the Century Plan -
Development Plan, and further finds that the enactment of this ordinance is not
inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03
of the Administrative Chapter of the Policy Plan,
SECTION 2. The attached Exhibit "A", relating to the regulation of alcoholic
beverages, is hereby adopted by the City Council of the City of Georgetown, Texas, and
incorporated herein for all purposes.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer of any force and
effect.
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
(10) ten days on and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the 27th day of October, 1998.
1998.
ATTEST:
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City Secretary
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APPROVED AS TO FORM:
Mananne Lana
City Attorney
nks
Ordinance No. g - Page 3 of 3
THE CITY OF GEORGETOWN
By: L o WOOD
Mayor
Chapter 6.40
6.40.010 Definitions.
Exhibit "A"
(a) Unless otherwise stated, a word or term used in this chapter shall have a meaning
consistent with the Texas Alcoholic Beverage Code.
(b) Place of Business - means the location of the business where a permit or license
for the sale of alcohol is sought, as identified in the application for the permit or
license, including the grounds and all buildings, vehicles, and appurtenances
pertaining to the grounds, along with any adjacent premises if they are directly or
indirectly under the control of the same person or entity.
(c) Code - means the Texas Alcoholic Beverage Code.
6.40.015 Prohibiting Beer Sales in Residential Districts.
It is unlawful for a person to sell beer in any residentially zoned district.
6.40.020 License Required; Penalty.
(a) Any person wishing to manufacture, distill, brew, sell, possess for the purpose
of sale, transport, import into this state, export from this state, distribute, warehouse,
or store any alcoholic beverage, solicit or take orders for alcoholic beverages, sell,
bottle, rectify, blend, treat, fortify, mix, or process alcoholic beverages, or engage in
any other activity related to alcoholic beverages for which the State of Texas requires
a permit or license, shall apply for a license for each permit or license required by the
State of Texas from the City by filing an application with the City Secretary, using
the form prescribed by the City Secretary.
(b) No license required under the terms of this section shall be issued to any person
until he shows that he holds a valid State of Texas permit or license for the particular
alcoholic beverage activity in which he desires to conduct in the City and until the
fee required by the City for such license has been paid. The City shall levy and
collect a fee for each place of business requiring such a license in an amount equal
to one-half (1/2) the permit or license fee charged by the State of Texas pursuant to
the Code.
(c) Any license issued under this section may be revoked or suspended by the City
Council of the City of Georgetown, Texas upon a finding of a violation of any
applicable provision of this Chapter or the Code.
(d) The holders of the following permits or licenses issued by the State of Texas
pursuant to the Code are exempt from the fee required by this section:
(i) agent's, airline beverage, passenger train beverage, industrial,
carrier's, private carrier's, private club registration, local cartage,
storage, and temporary wine and beer retailer's permits;
(ii) a wine and beer retailer's permit issued for a dining, buffet, or
club car;
(iii) a mixed beverage permit during the three (3) year period
following the issuance of the permit; and
(iv) a temporary or agent's beer license.
(e) It shall be unlawful for an applicant to sell an alcoholic beverage without first
obtaining and paying for the license required under this section. Any person who
violates a provision of this section, upon conviction thereof, shall be fined not less
than ten dollars ($10.00) and not more than two hundred dollars ($200.00). Any
person who shall aid, abet, or assist in a violation of any provision of this Chapter
shall be fined not less than ten dollars ($10.00) and not more than two hundred
dollars ($200.00). Each day a violation occurs shall be considered a separate offense.
6.40.030 Duration of License.
All licenses issued under the terms of this chapter shall expire at one (1) year from the date
of issuance. No license shall be issued for term longer than one (1) year.
6.40.040 Transfer of License.
Any license issued under the provisions of this chapter shall not be transferable or assignable
except with the written permission and approval of the City Council of the City of Georgetown,
Texas.
6.40.050 Minimum Distance Requirements.
(a) It shall be unlawful for a person to sell or engage in the business of selling any
alcoholic beverage where the place of business of such person is located within 300
feet of a church, public school, or public hospital.
Chapter 6.40
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(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 the 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 school shall be in
a direct line from the property line of the public school to the property
line of the place of business, and in a direct line across intersections.
(b) It shall be unlawful for a person to sell or engage in the business of selling any
alcoholic beverage where the place of business of such person is located within 1,000
feet of a public school.
(1) The measurement of the distance under this subsection between
the place of business where alcoholic beverages are sold and the
public school shall be from the door by which the public may enter
the place of business and the nearest property line of the public
school, measured along street lines and directly across intersections.
(2) Any dealer who held a license or permit from the State of Texas,
on September 1, 1983, in a location where a regulation under TEXAS
Alco. BEV, CODE ANN. § 109.33 (Vernon 1995) was in effect on that
date, the measurement of the distance between the place of business
of the dealer and a public school shall be along the property lines of
the street fronts and from front door to front door, and in direct line
across intersections.
(c) Subsection (b) above does not apply to the holder of :
(1) a valid State of Texas retail on -premise consumption permit or
license if less than fifty percent (50%) of the gross receipts for the
premises is from the sale or service of alcoholic beverages;
(2) a valid State of Texas retail off -premise consumption permit or
license if less than fifty percent (50%) of the gross receipts for the
premises, excluding the sale of items subject to the State of Texas
motor fuel tax, is from the sale or service of alcoholic beverages; or
Chapter 6.40
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(3) a valid State of Texas 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 ordinarily used and understood in
the Code.
(d) This subsection applies only to a permit or license holder under TEX. Alco. BEV.
CODE ANN, Chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage
certificate. Subsection (a) above relating to a public school also applies to a day-care
center and a child-care facility as those terms are defined by TEX. Hum. RES. CODE
ANN. § 42.002.
(1) This subsection does not apply to a permit or license holder who
sells alcoholic beverages if.
(i) the permit or license holder and the day-care center
of child-care facility are located on different stories of
a multistory building; or
(ii) 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 child-care facility is located on the
second story or higher of a multistory building.
(2) This subsection does not apply to a foster group home, foster
family home, family home, agency group home, or agency home as
those terms are defined by TEX. Hum. RES, CODE ANN. § 42.002.
6.40.060 Waivers
(a) The prohibition under Sec. 6.40.050 (a) may be waived for a particular place of
business by the City Council if the City Council determines that enforcement of the
prohibition:
(1) is not in the best interest of the public;
(2) constitutes waste or inefficient use of land or other resources;
(3) creates an undue hardship on an applicant;
Chapter 6.40
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(4) does not serve its intended purpose; or
(5) is not, for any reason the City Council, after consideration of the
health, safety, and welfare of the public and the equities of the
situation, in the best interest of the community.
(b) Written consent to a waiver under this subsection filed with the City Secretary
by each church, public school, and public hospital within 300 feet from the
applicant's proposed place of business may be considered by the City Council,
6.40.070 Hours of Sale: Mixed Beverages, Wine and Beer Retailers; Beer.
(a) The holder of a valid State of Texas mixed beverage permit may sell and offer for
sale mixed beverages between 7 a.m. and 12:00 a.m. midnight on any day except
Sunday. On Sunday, he may sell mixed beverages between 12:00 a.m. and 1:00 a.m.
and between 10:00 a.m. and 12:00 a.m. midnight, except that an alcoholic beverage
served to a customer between 10:00 a.m. and 12:00 p.m. noon on Sunday must be
provided during the service of food to the customer. It shall be unlawful for a person
to sell or offer for sale mixed beverages at a time not permitted by this subsection.
(b) The holder of a valid State of Texas wine and beer retailer's off -premise permit
or a wine and beer retailer's permit may sell and delivery alcoholic beverages
between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday,
he may sell between 12:00 a.m. midnight and 1:00 a.m. and between 12:00 p.m. noon
and 12:00 a.m. midnight, except that State of Texas permittees and licensees
authorized to sell for on -premise consumption may sell between 10:00 a.m. and
12:00 p.m. noon if the beer or wine is served to a customer during the service of food
to the customer. It shall be unlawful for a person to sell or deliver alcoholic
beverages at a time not permitted by this subsection.
(c) The holder of a valid state of Texas license or permit may sell, offer for sale, or
deliver beer between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday.
On Sunday he may sell beer between 12:00 a.m. midnight and 1:00 a.m. and
between 12:00 p.m. noon and 12:00 a.m. midnight, except that State of Texas
permittees and licensees authorized to sell for on -premise consumption may sell beer
between 10:00 a.m. and 12:00 p.m. noon if the beer is served to a customer during
the service of food to the customer. It shall be unlawful for a person to sell, offer for
sale, or deliver beer at a time not permitted by this subsection.
(d) The City does not adopt the late hours permits or licenses allowed by the Code.
Chapter 6.40
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6.40.080 Hours of Consumption.
(a) A person commits an offense if he consumes or possesses with intent to consume
an alcoholic beverage in a public place at any time on Sundays between 1:15 a.m.
and 12:00 p.m. noon and on any other days between 12:15 a.m. and 7:00 a.m.
(b) An offense under this section is a misdemeanor punishable by a fine of not more
than $50.00.
6.40.090 Park Restrictions.
It shall be unlawful for any person, firm, corporation, or business enterprise to sell any
alcoholic or intoxicating beverage in any city -owned or operated park without first obtaining a
special event permit pursuant to Chapter 12.24 of the City of Georgetown, Texas, Code of
Ordinances.
6.40. 100 Location of Alcoholic Beverage Businesses
(a) The location of an establishment that derives 75 percent or more of the establishment's
gross revenue from the on -premise sale of alcoholic beverages is allowed by special permit in the
Local Commercial (C-1) zoning district and subject to the licensing requirements of this chapter.
All references to zoning districts are references to those districts established by the zoning ordinance
of the City of Georgetown, Texas.
(b) Each establishment that derives 75 percent or more of the establishment's gross revenue
from the on -premise sale of alcoholic beverages shall comply with all of the State of Texas and City
of Georgetown, Texas, sign requirements, including all requirements in the zoning ordinance, as it
may be amended from time to time.
6.40.110 Severability.
If any provision, section, sentence, clause, or phrase of this Chapter, or the application of
same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid
or unenforceable, the validity of the remaining portions of this Chapter or its application to other
persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council
of the City of Georgetown in adopting, and of the Mayor in approving this Chapter, that no portion
hereof or provision or regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality or invalidity of any other portion, provision, or regulation.
Chapter 6.40
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