ORD 1166 07/26/2016 Of C/�
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"City of Choice"
ORDINANCE NO. 1166
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS AMENDING CHAPTER 6 OF
THE CODE OF ORDINANCES PROVIDING FOR THE REGULATION OF THE SALE
OF ALCOHOLIC BEVERAGES, REQUIRING A PERMIT, ASSESSING FEES AND
ESTABLISHING A PENALTY FOR VIOLATIONS.
- WHEREAS, the Texas alcoholic beverage code provides for a municipality to regulate
certain provisions related to the sale of alcoholic beverages; and
WHEREAS, Section 11.08 of the City Charter provides that.the City Council may enact
any and all other regulations regarding the sale, consumption, distribution, etc., of alcoholic beverages, as
permitted by law, including but not limited to the regulation of the sale of liquor in residential sections or
areas of the City; and
WHEREAS, the regulation of alcoholic beverages in the City is addressed.in Chapter 6
of the City of Cibolo Code of Municipal Ordinances; and
WHEREAS, the City Council desires, by this Ordinance, to amend and update Chapter
6.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO, TEXAS, THAT CHAPTER 6 (Alcoholic Beverages) IS AMENDED
AS.FOLLOWS:
Section 1. Code amended. The City of Cibolo Code of Municipal Ordinances, Chapter 6
(entitled "Alcoholic Beverages") is hereby amended by replacing the existing language in its
entirety with the language set out-in italics (italics) as follows:
Article L. General.
Sec 6-1. Definitions.
Except as otherwise provided in this Section, all words and phrases in this chapter, which are
defined in the Texas Alcoholic Beverage Code, shall,for the purposes of this chapter, have the
definition ascribed to them in such act.
"Administrator"means the City Manager or City Employee who the City Manager delegates the
responsibility administer this Chapter
200 South Main Street,P.0 Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
"Code" means the Texas Alcoholic Beverage Code as same may be amended, revised or re-
cod f ed in the future.
Sec. 6-2.Code Adopted
The Texas Alcoholic Beverage Code is hereby adopted and made part of this Chapter by reference
for all purposes as though,fully set out herein.
(Reserve 6-3 through 6-10)
Article II. Regulations
Sec 6-11. Sales near churches,public schools or private schools.
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 school, or
private school. The measurement of the distance between the place of business where alcoholic
beverages are sold and the church shall be along the property lines of the street fronts and fi-om
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 or private school to the property line of
the place of business, and in a direct line across intersections. (Ord.No. 1066, 8-26-2013)
Sec. 6-12 .Hours for-sale and consumption:
The"Standard Hours Area"provisions as established by Chapter 105 of the Texas Alcoholic Beverage
Code are hereby adopted for the City of Cibolo.
(Reserve 6-13 through 6-20)-
Article II. Fees.
City Alcoholic.Beverage Fee.
Sec. 6-11.-Cityfees levy.
(a) Levy against permit. The city does hereby levy a city alcoholic beverage fee
equal to one-half(/) of the state fee, as provided by Section 11.38, of the
Code and other relevant provisions of said Code; against each permit.issued.
Notwithstanding the forgoing, the following shall be exempted from the levy:
(1) 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;
(2) wine and beer retailer's permit issued for a dining, buffet, or club car;
.and
(3) a mixed beverage permit during the three-year period following the
issuance of the permit.
(b) Levy against licenses. The city does hereby levy a city alcoholic beverage fee
equal to.one-half(71) of the state fee, as provided by Section .61.36, of the
Code and other relevant provisions of said Code, against every permittee who
200 South Main Street,-P.O.Box 826,Cibolo,Texas 78108 Phone: 2107658-9900 Fax: 210-658-1687
is domiciled within the corporate limits of the city and who holds a permit
from the state alcoholic beverage commission for the purchase,
transportation, importation, sale or manufacture of alcoholic beverages or
other permits in regard thereto; except a temporary or agent's beer license,
issued for premises located within the county.
(1) A licensee who sells an.alcoholic beverage without first having paid a
fee levied under this section commits a class "C" misdemeanor
punishable by a fine of not less than$10 nor more than$200.
(c) The administrator may cancel a license if it finds the licensee has not paid a fee
levied under this section.
Sec. 6-12.-Beverage fee due date;fees for portion of year;separate fee for each outlet.-
(a) A11 fees levied by this article shall be due_and payable in advance for one (1)
year from the date of the issuance of the permit or.license issued by the state
alcoholic beverage commission, unless such fee is collected for only a portion
of the year. In such event, the fee required shall cover the period of time from
the date of such permit to midnight of the last day of August succeeding and
only the proportionate part of the fee levied for such permit shall be collected.
The fractional part of any month remaining shall be counted as one.(1) month
in calculating the fee which shall be due.
(b) A separate fee shall be paid for.each sales location in this city.
Sec. 6-13.-Refund of fees.
No refund of-the fee shall be made for any:reason, except when the permittee is
prevented from continuing in business by reason-of the result of a.local option
election, or a rejection of an application for a permit by the state alcoholic
beverage commission or its administrator.
Sec. 6-14.-Display of city alcoholic beverage fee receipt.
The City of Cibolo alcoholic beverage fee receipt shall be displayed in a
conspicuous place at all times on the licensed premises. Failure to so display said
receipt shall constitute of Class "C"misdemeanor punishable by a fine of not less
than$10 nor more than$200.
Sec..645—Cancellation or denial of license.
(a) The administrator may cancel or deny.a license for the retail-sale of alcoholic
beverages, including a license held by the holder of a food and beverage
certificate, if it finds that the license holder or applicant has not paid delinquent
ad valorem taxes due on that licensed premises or due from a business operated
on that premises to any taxing authority in the county of the premises. For
purposes of this subsection, a license holder or applicant is presumed delinquent
in the payment of taxes due if the license holder or applicant:
(1) is placed on a delinquent tax roll prepared under Section 33.03, Tax
Code;
200 South Main Street,.P 0.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(2) has received a notice of delinquency under Section 33.04, Tax Code,-
and
ode,and
(3) has not made a payment required under Section 42.08, Tax Code.
(b) In this section, "applicant"has the meaning assigned by Section 11.45 of the
Code.
(Reserve 6-26 through 6-30)
Section two. Cumulative/Repealer Clause.. All provisions of the Ordinances of the City of
Cibolo, codified or uncodified, in conflict with the provisions of this ordinance are hereby
repealed, and all other provisions of the Ordinances of the City of Cibolo, codified or uncodified,
not in conflict with the provisions of this ordinance, shall remain in full force and effect.
Section three:Preservation Clause. The repeal of any ordinance or part of ordinances affected
by the enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any ordinances at the time of passage of this ordinance.
Section four. Severability Clause. It is the intention of the City Council that this ordinance,
and every provision thereof, shall be considered severable, and the invalidity or
unconstitutionality of any section, clause, provision or portion of this ordinance shall not affect
the validity or constitutionality of any other provision of this ordinance.
Section five. -Notice and Effective Date. The City Secretary shall publish notice of this
ordinance in accordance with the requirements of City Charter Section 3.13(3) and this ordinance
shall become effective upon compliance with said requirement.
PASSED AND APPROVED THIS 26TH DAY OF JULY 2016,
Allen Dunn,Mayor
ATTEST:
ZLPeggy Cimics, City Secretary
Approved as to Form:
City Attorneys Office
200 South Main Street,P.O Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687