CHAPTER 110: ALCOHOLIC BEVERAGES

Section
110.01 Intent
110.02 Permit holders; definition
110.03 Hours of sale; mixed beverage or wine and beer permit
110.04 Hours of sale; private club
110.05 Distance from church, school, or hospital
110.06 Drunkenness in public
110.07 Consumption on streets or sidewalks
110.08 Possession by minors
110.09 Possession at school athletic events

110.99 Penalty
Statutory reference:
General penalty, see Tex. Alc. Bev. Code, § 1.05
Local regulation of alcoholic beverages, see Tex. Alc. Bev. Code, §§ 109.31 et seq.
Public intoxication, see Tex. Penal Code, § 49.02

§ 110.01 INTENT.
Notwithstanding anything contained herein, this chapter shall not authorize the sale or consumption of any alcoholic beverages on any location within the corporate limits of the city at which location consumption of alcoholic beverages is prohibited by ordinance or statute.
(Prior Code, § 3-1)

§ 110.02 PERMIT HOLDERS; DEFINITION.
As used in the following section, a person holding a mixed beverage permit or a wine and beer retailer’s permit shall mean such permits as are defined in Tex. Alc. Bev. Code, §§ 1.01 et seq.
(Prior Code, § 3-2)
Statutory reference:
Definitions, see Tex. Alc. Bev. Code, § 1.04

§ 110.03 HOURS OF SALE; MIXED BEVERAGE OR WINE AND BEER PERMIT.
The holder of a mixed beverage extended hours permit or of a wine and beer retailer’s permit may sell
or offer for sale alcoholic beverages in accordance with the license held between the hours of 7:00 a.m.
and midnight and between the hours of midnight and 2:00 a.m. on any day except Sunday. On Sunday,
a permit holder may sell or offer for sale those beverages between midnight and 2:00 a.m. and between
noon and midnight.
(Prior Code, § 3-3)
Statutory reference:
Hours of sale of mixed beverages, see Tex. Alc. Bev. Code, § 105.03
Hours of sale of wine and beer, see Tex. Alc. Bev. Code, §§ 105.04 et seq.

§ 110.04 HOURS OF SALE; PRIVATE CLUB.
The provisions for extended hours for sale and consumption of alcoholic beverages on a private club’s
premises within a city’s corporate limits, as provided by Tex. Alc. Bev. Code, §§ 1.01 et seq., are hereby adopted by the city.
(Prior Code, § 3-4)
Statutory reference:
Private club late hours permit, see Tex. Alc. Bev. Code, §§ 33.01 et seq.

§ 110.05 DISTANCE FROM CHURCH, SCHOOL, OR HOSPITAL.
Under the authority granted to the City Council by Tex. Alc. Bev. Code, § 109.33, which provides that
the city may and it hereby does prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public school, or public hospital. This section further provides that the measurement of this distance shall be along the property lines of the street fronts and from front door to front door and in direct line across intersections.
(Prior Code, § 3-5) (Ord. 19-26, passed - - ) Penalty, see § 110.99
Statutory reference:
Similar provisions, see Tex. Alc. Bev. Code, § 109.33

§ 110.06 DRUNKENNESS IN PUBLIC.
Whoever shall get drunk under the influence of alcohol or any other substance or be found in a state of intoxication in any public place shall be found guilty of a class C misdemeanor in accordance with the
City Charter, § 1.5.
(Prior Code, § 3-6) Penalty, see § 110.99
Statutory reference:
Public intoxication, see Tex. Penal Code, § 49.02

§ 110.07 CONSUMPTION ON STREETS OR SIDEWALKS.
(A) Except as provided herein, it shall be unlawful for any person to consume any alcoholic beverage
while on any street, sidewalk or other public way in the city. Alcoholic beverages may be consumed on
Main Street and South Madison, and the sidewalks adjacent thereto, between Second Street and Sixth
Street on the third Saturday of September of each year during the hours of 12:00 p.m. to midnight.

(B) Alcoholic beverages may be consumed on Main St., Madison St., and Jefferson St., and the sidewalks adjacent thereto, between Second St. and Sixth St. on the third or fourth Saturday of September of each year in celebration of Founder’s Day, during the hours of 8:00 a.m. to midnight.
(Prior Code, § 3-7) (Am. Ord. 0910, passed 9-9-2002; Am. Ord. 090803-A, passed 9-8-2003) Penalty, see § 110.99

§ 110.08 POSSESSION BY MINORS.
It shall be unlawful for any person under the age of 21 years to possess or consume any alcoholic beverage in any public place unless at the time of that possession or consumption the person is accompanied by his or her parent, guardian, adult husband, or adult wife who is actually, visibly, and
personally present at the time an alcoholic beverage is possessed or consumed by the person under the age of 21.
(Prior Code, § 3-8) Penalty, see § 110.99
Statutory reference:
Similar provisions, see Tex. Alc. Bev. Code, §§ 106.05 and 106.06

§ 110.09 POSSESSION AT SCHOOL ATHLETIC EVENTS.
It shall be unlawful for any person to bring or carry into any enclosure, field, or stadium, where athletic events sponsored or participated in by any public school are being held, any alcoholic beverage or to have any alcoholic beverage in his or her possession while in or on such an enclosure, field, or stadium.
(Prior Code, § 3-9) Penalty, see § 110.99
Statutory reference:
Similar provisions, see Tex. Edu. Code, § 4.22

§ 110.99 PENALTY.
(A) Any person who violates any provision of this chapter for which no other penalty is specified shall, upon conviction, be subject to penalties as set forth in § 10.99 of this code.

(B) Any person, firm, or corporation who violates, refuses, or fails to comply with the provisions of
§ 110.05 of this code shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $200 and shall be subject to having his or her beverage permit canceled by the state in accordance with the terms and provisions of the Tex. Alc. Bev. Code.
(Prior Code, § 3-5) (Ord. 19-26, passed - - )

(C) Any person convicted of violating the provisions of § 110.08 shall be fined, in accordance with
the City Charter, § 1.5, not less than $10 nor more than $100.
(Prior Code, § 3-8)