§ 5-2. Sale of alcoholic beverages.

(a)

Mixed beverages shall have the same meaning as set forth in Section 1.04 of the Texas Alcoholic Beverage Code.

(b)

Permit required.

(1)

Permit required to manufacture, sell, distribute or store alcoholic beverages. No person shall manufacture, sell, distribute or store any intoxicating liquor, malt liquor or other alcoholic beverage, or engage in any other activity with relation to the same for which a permit is required by the Alcoholic Beverage Code, within the city without first obtaining a permit to do so from the city.

(2)

Application for permit. Application for a permit under this section or any renewal thereof shall be submitted to the city secretary under oath and shall contain such information as the city council shall direct the city secretary to obtain from applicants.

(3)

Permit fee. The fee for a permit required by this section shall be an amount equal to one-half the permit fee charged by the state under the Alcoholic Beverage Code. If the permit is issued for a period of time less than one year, only a proportionate part of the annual fee shall be exacted and collected; provided, however, a fractional part of any month shall be counted as one month in calculating the fee which is to be paid.

(4)

Prerequisites to issuance of permit. No permit required under the terms of this section shall be issued to any person until he shows that he holds a state permit for the particular phase of the liquor traffic in which he desires to engage in the city and until the fee required by the city for such permit has been paid to the city.

(5)

Duration of permit. All permits issued under the terms of this section shall expire at the time shown in the state permit presented by the applicant.

(6)

Permits to be displayed on premises. All permits issued under this section shall be displayed in a conspicuous place at all times on the premises for which the permit is issued.

(c)

Sale of alcoholic beverages near churches, public hospitals, public schools or other educational institutions. It shall be unlawful for any person to sell or engage in the business of selling alcoholic beverages within the city where the place of business is within 300 feet of any church, public hospital or within 1,000 feet of public schools or other educational institution. 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. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools 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.

(d)

Sale in residential areas prohibited. The sale of alcoholic beverages, beer, and wine is prohibited within the residential sections of the city. For the purpose of this subsection, and as a matter of definition, all of the city lying within the corporate limits thereof shall be construed and is hereby designated as residential sections of the city, save and except those areas designated by the Zoning Ordinance, and amendments thereto, as retail district (R), central business district (CBD), highway corridor district (HC), commercial district (C), and light industrial district (LI). No store the purpose of the sale of alcoholic beverages, beer or wine will be located in any area of the city designated as residential.

(e)

Sale to minors prohibited. It shall be unlawful for any person to sell any alcoholic beverage to any person under the age of 21 years.

(f)

Purchase by minors. It shall be unlawful for any person under 21 years of age to purchase any alcoholic beverage.

(g)

Violations. Any person, licensee, or permittee who violates any provision of this section, or who allows on his premises any person to do the things prohibited by this section, shall be deemed guilty of a misdemeanor. Any premises, room, building, structure, or place of any kind where alcoholic beverages, beer, and wine are sold in violation of this section, are declared to be a common nuisance, and action may be maintained by the city to abate and enjoin such nuisance.

(h)

Late hours permit for private clubs. The holder of a private club late hours permit shall be allowed to sell alcoholic beverages between midnight and 2:00 a.m. on any day in the City of Terrell, Texas.

(i)

Hours of sale of mixed beverages.

(1)

Mixed beverages shall not be sold, offered for sale, or delivered at any time not permitted by this section.

(2)

Mixed beverages may be sold, offered for sale, or delivered between 7:00 a.m. and 2:00 a.m. on any day.

(3)

A person commits an offense if the person sells or offers for sale an alcoholic beverage during the prohibited hours or consumers or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during the prohibited hours.

(Code 1968, §§ 4-1, 4-3, 4-5, 4-6, 4-9; Ch 4, Art. II; Ord. No. 1278, 7-27-82; Ord. No. 1345, 1-24-84; Ord. No. 1939, Art. I, 10-6-98; Ord. No. 2482, Art. I, 3-1-11; Ord. No. 2561, § 1, 2-19-13)

Editor's note

The former Texas Liquor Control Act is now to be found as the Alcoholic Beverage Code of the State of Texas and therefore the wording of this section has been revised to reflect this change under the discretion of the editor.