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ORDINANCE NO. a-7
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS AUTHORIZING
EXTENDED SALE OF ALCOHOL HOURS FOR CURRENT AND
FUTURE ESTABLISHMENTS IN THE CITY OF CIBOLO
CONDITIONED ON CRITERIA IN "LATE HOURS PERMIT";
REQUIRING THAT NON-ALCOHOL SALES OF ESTABLISHMENTS
WITH EXTENDED SALE OF ALCOHOL HOURS EXCEED DAILY
ALCOHOL SALES; REQUIRING NON-ALCOHOL SALES OF
ESTABLISHMENTS WITH EXTENDED SALE OF ALCOHOL HOURS
TO CONTINUE IN EXTENDED HOURS; ESTABLISHING A FEE;
PROVIDING FOR APPLICATION, PERMIT, AND COMPLIANCE
PROCEDURE; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City Council of the City of Cibolo,Texas(herein the"City")desires to promote
and incentivize economic development through adoption of extended hours for the sale of alcohol;
and
WHEREAS, the City is currently a `standard hours area' for the sale of alcohol under Texas
Alcoholic Beverage Code Section 105.06(a)(2), allowing permit holders to sell such alcoholic
beverages at the times designated by Section 105.03(b)and Section 105.05(b); and
WHEREAS, the City Council is the governing body of the incorporated City of Cibolo and, as
such, can adopt the extended hours of sale provided in Section 105.03 and Section 105.05 of the
Texas Alcoholic Beverage Code by ordinance,as authorized by Texas Alcoholic Beverage Code,
Chapter 105; and
WHEREAS, the City Council finds that extending establishments sale of alcohol hours,
contingent on the requirements set forth in this Ordinance, will reasonably incentivize future
development in the City, and
WHEREAS, a permit system is deemed most appropriate means of regulations which requires
the assessment of fees to offset the cost of enforcing these more local standards; and
WHEREAS,the City Council finds that it is in the best interest of the City to approve the extended
hours for the sale of alcohol with conditions;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
SECTION 1.AMENDMENT. Chapter 6 (Alcoholic Beverages)is hereby amended to reflect the
adoption of this Ordinance.
SECTION 2.ADOPTION OF EXTENDED HOURS BY CITY.All establishments in the City
limits and in compliance with the conditions of the City late hours permit will have their
application for extended hours approved by the City Secretary. The late hours permit holder may
thereafter legally offer alcohol for sale between midnight and 2 a.m. on any day, as prescribed by
Texas Alcoholic Beverage Code Sections 105.03 and 105.05.
SECTION 3. APPLICATION FOR LATE HOURS PERMITS. Establishments seeking
extended sale of alcohol hours must file an application for a permit with the Texas Alcoholic
Beverage Commission and with the Office of the City Secretary.Applications for late hour permits
must be approved by the City Secretary before an establishment can observe extended hours in the
City.An establishment seeking a permit from the City must pay a fee of one-half of the fee charged
by the State for a mixed beverage late hours permit, except when said fee is waived according to
the provisions of the Texas Alcoholic Beverage Code.
(a) An application for a permit must include, but may not be limited to the following
provisions: name, title, address, and telephone number of the authorized representative of
the applicant;
(b) The application must include a sworn affidavit demonstrating that:
(1) at least 51%of the establishment's gross daily receipts will be non-alcohol; and
(2) the establishment will continue offering for sale food or its other non-alcohol
commodities or services for the duration of the extended alcohol service hours.
(c) The City Secretary shall make a determination on an application for a permit on or before
the 30th day after the date the application was filed.
SECTION 4. APPEALS PROCESS. An applicant or permittee whose application is denied or
permit is revoked by the City of Cibolo City Secretary under the provisions-of this article may
appeal the City Secretary's decision to City Council.
SECTION 5. CITY LATE HOURS PERMIT.The City Secretary may not grant a permit unless
the applicant has complied with the requirements of the Application. Continued operation of late
hours is conditioned on compliance with the statements in the affidavit for the entirety of the permit
period.
(a) The permit must show that the establishment may:
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(1) Legally offer alcohol for sale between midnight and 2 a.m. any day, as prescribed
by Texas Alcoholic Beverage Code Sections 105.03 and 105.05;
(2) Conditioned on:
i. at least 51% of the establishment's gross daily receipts being non-alcohol;
and
ii. the establishment continuing to offering for sale food or its other non-
alcohol commodities or services for the duration of the extended alcohol
service hours; and
(3) the time frame for which the permit is valid.
(b) Compliance procedure. The permit holder shall fully cooperate with City officials, the
Texas Alcoholic Beverage Commission,and local law enforcement in their efforts deemed
reasonably necessary to ensure compliance with the conditions of the permit. Compliance
may be assessed by, but is not limited to, the following mechanisms: random audits,
checking receipts upon yearly application, and reporting by citizens.
(c) Expiration. The permit will expire one year from the date on which it is granted. The
establishment must apply for the permit each year to maintain extended hours. The
establishment's compliance with the conditions of the permit will be formally re-evaluated
with each yearly application.
(d) Permit Revocation. If a permit holder fails to comply with this article or applicable state
law,the City of Cibolo may revoke a permit issued under this article for a period of six(6)
months.
SECTION 6. PENALTY. Any person, firm, association, delegation or group who violates any
provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished
according to the general penalties described in Section 1-13. Each day any violation continues to
exist shall constitute a separate offense
SECTION 7. INCORPORATION OF RECITALS. The facts and recitations contained in the
preamble of this Ordinance are hereby found and declared to be true and correct factual and
legislative findings of the City, and are fully incorporated into the body of this ordinance.
SECTION 8. NOTICE OF DETERMINATION. It is hereby found, determined and declared
that a sufficient notice of the date, hour, place, and subject of the meeting of the City Council at
which this Ordinance was adopted was posted at a place convenient and readily accessible at all
times as required by the Texas Open Meetings Act, Section 551.001, et seq. of the Texas
Government Code.
SECTION 9. SEVERABILITY.If any section,paragraph,clause or provision of this Ordinance
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
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such section, paragraph, clause, or provision shall not affect any of the remaining provisions of
this Ordinance.
SECTION10.EFFECTIVE DATE. This Ordinance shall take effect immediately from and
after its passage by the City Council of the City of Cibolo.
PASSED, APPROVED, AND ADOPTED THIS 27 DAY OF AUGUST,2019.
CITY OF CIBOLO
Stosh Boy ,'
Mayor
ATTEST:
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Peggy Cimics, TRMC
City Secretary
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