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Alcoholic Beverage Permits

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Texas Alcoholic Beverage Control (TABC) Permit

Applicants applying for a Texas Alcoholic Beverage Permit are required to have this checklist completed and initialed by each department listed prior to obtaining the City Clerk's signature.

_____1.     Health Inspection Clearance – Take your TABC Permit Application to the Environmental Health Division, City Hall, second floor, 72 W. College Ave., to obtain this clearance. If seeking a Mixed Beverage Permit, then a Food Establishment Permit is also required. Fill out a form to request your inspection and pay your fee. The Health inspector will return your application to you, complete the inspection, sign off and return the inspection form to you. The Health inspector’s phone number is 325-657-4235.  

 _____ 2.    Zoning Clearance – Take your TABC Permit Application to the Planning Division in the Community Development Building located at 52 W. College Ave. next door to City Hall, to obtain this clearance.  The planner will review your application and give you a zoning clearance that the business location given in the application does not contradict Section 5.02.005 or Section 5.02.033 of the City’s Code of Ordinance. The Planning Division's phone number is 325-657-4210.

 _____ 3.    City of San Angelo Fire Marshal Inspection – Take your TABC Permit Application to the Fire Marshal's office, 301 W. Beauregard Ave. (City Hall Annex), fill out a form to request your inspection, and pay your fee. The inspector will return your application to you, complete the inspection, sign off and return the inspection form to you. The Fire Marshal’s phone number is 325-657-4358.
  
 _____ 4.    Payment of Fees to Finance – Take your TABC Permit Application to the Water Billing and Collections Division, 301 W. Beauregard Ave. (City Hall Annex). The Finance clerk will review your application, return it, determine the appropriate fee, and give you a receipt for monies paid. The Finance Department’s phone number is 325-481-2650.   
  
 _____ 5.    City Clerk/City Secretary Certificate – Take this completed form and the Finance Department receipt along with the completed TABC Permit Application to the City Clerk’s office, City Hall, second floor, Room 204, 72 W. College Ave. The City Clerk will review and sign the certificate(s). The City Clerk’s phone number is 325-657-4405. By signing this application, the City Clerk does not waive other necessary City permits.
 
Office hours for all the above City departments are Mondays through Fridays from 8 a.m. to noon and 1 p.m. to 5 p.m. Please make sure to allow sufficient time to process the paperwork prior to the office’s closing.

CODE OF ORDINANCES
ARTICLE 5.02  ALCOHOLIC BEVERAGES REGULATIONS

DIVISION ONE - GENERALLY 

Sec. 5.02.001 - Definitions
The terms "alcoholic beverage," "liquor," "beer" and "wine and vinous liquor" as used in this article have the same meanings as the definitions provided in the Texas Alcoholic Beverage Code, section 1.04, Tex. Codes Ann.
(1959 Code, sec. 5-2-1; 1996 Code, sec. 5.101)

Sec. 5.02.002 - Penalty
Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in section 1.01.009 of this code. Each day of such violation shall constitute a separate offense
(1996 Code, sec. 5.110; Ordinance adopted 5-2-00)

Sec. 5.02.003 - Hours of sale restricted
No person who may engage in the sale of beer or other alcoholic beverages within the corporate limits of the city shall offer for sale or sell any beer or other alcoholic beverages within the corporate limits of the city on Sunday between the hours of 2:00 a.m. and 12:00 noon and on all other days at any time between the hours of 2:00 a.m. and 7:00 a.m. 
(1959 Code, sec. 5-2-6; 1996 Code, sec. 5.106)
State Law reference— Hours of sale and consumption, V.T.C.A., Alcoholic Beverage Code, ch. 105.

Sec. 5.02.004 - Proof of violation of hours of sale
Proof of the consumption of beer or other alcoholic beverages between the hours of 2:15 a.m. and 12:00 p.m. the following on Sundays or between the hours of 2:00 a.m. and 7:00 a.m. the following on any other day of the week in the sale of beer or other alcoholic beverages in the city shall be prima facie evidence that beer or other alcoholic beverages have been sold by such person in violation of this article.
(1959 Code, sec. 5-2-8; 1996 Code, sec. 5.108)

Sec. 5.02.005 - Sale, possession or consumption in Texas Bank Sports Complex (Rio Concho Sports Complex)
(a) It shall be unlawful for any person, firm, company, organization or corporation to sell, consume or possess, or to permit or to promote the selling, consuming or possessing, of any alcoholic beverage within or upon the fenced-in areas of the quadrangles of the Texas Bank Sports Complex in the city.
(b) It shall be an affirmative defense to the prohibition of this section that a person, firm, company, organization or corporation secured a permit, contract, lease or other form of written permission from the parks and recreation department permitting utilization of the city's concessionaire for the selling, promoting, consuming or possessing of alcoholic beverages for a specific event within one or more designated quadrangles of the Texas Bank Sports Complex and that the sale, promotion, consumption or possession of alcohol occurred at the time of the specific event and within such quadrangle or quadrangles as described in the permit, contract, lease or other form of written permission from the parks and recreation department. The permit, contract, lease or other form of written permission from the parks and recreation department shall be limited to specific events, on specific dates, for specified hours and within one or more specific quadrangles of the Texas Bank Sports Complex, and shall be conditioned upon compliance with the Texas Alcoholic Beverage Code and applicable municipal ordinances.
(c) The parks and recreation department for the city shall adopt a policy and regulations, and a form for application for permit, contract, lease or other form of written permission authorizing utilization of the city's concessionaire for the sale, consumption or possession of alcoholic beverages within the quadrangles of the Texas Bank Sports Complex for specific events during adult tournaments and permitted special events only when no youth league or youth tournament play is occurring.
(d) The premises of the Texas Bank Sports Complex quadrangles include the fields, spectator areas and concession areas within each fenced-in quadrangle, located within the area bounded on the east by the East Angelo Draw, on the south by the North Concho River, on the west by Bell Street, and on the north by St. Ann Street, in the city.
(Sec. 2, Ordinance adopted 7-19-11)

DIVISION TWO - LICENSE

Sec. 5.02.031 - Required
It shall be unlawful for any person to manufacture or brew any alcoholic beverage, liquor, beer or wine and vinous liquor for the purpose of sale, or to import into this city, or to distribute, or to sell, any alcoholic beverage, liquor, beer, or wine and vinous liquor for the purpose of sale within this city without having first obtained the appropriate license from the finance director as herein provided, which license shall at all times be displayed in some conspicuous place within the licensed place of business.
(1959 Code, sec. 5-2-2; 1996 Code, sec. 5.102; Ordinance 2018-044 adopted 4-3-18)

Sec. 5.02.032 - Fees
The finance director is authorized to collect a license fee of one-half the state permit fee as shown in appendix A, section A3.015 of this code.
(1959 Code, sec. 5-2-3; 1996 Code, sec. 5.103; Ordinance 2018-044 adopted 4-3-18)
State Law reference— Local fee authorized on alcoholic beverage permits, V.T.C.A., Alcoholic Beverage Code, sec. 11.38; local fee authorized on alcoholic beverage licenses, V.T.C.A., Alcoholic Beverage Code, sec. 61.36.

Sec. 5.02.033 - Prohibited licenses
No license authorizing the sale of any alcoholic beverage, liquor, beer or wine and vinous liquor shall be issued to any dealer where the place of business of any such dealer is within the corporate limits of the city and is within 300 feet of any tax-supported elementary or secondary public school. 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. Provided that this section shall not apply to any dealer whose place of business is within 300 feet of any tax-supported elementary or secondary public school as of the date of the adoption of this article, or to any of their successors.
(1996 Code, sec. 5.104; Ordinance adopted 5-2-00; Ordinance 2018-044 adopted 4-3-18)
State Law reference— Sales near church, school or hospital, V.T.C.A., Alcoholic Beverage Code, sec. 109.33.

Sec. 5.02.034 - Term
Any license issued under the terms of this article shall be for a two-year period and shall be nontransferable.
(1959 Code, sec. 5-2-5; 1996 Code, sec. 5.105; Ordinance 2018-044 adopted 4-3-18)

Sec. 5.02.035 - Revocation
The city council is hereby authorized and empowered to revoke the license of any person engaged in the business or occupation of selling, distributing or disposing of beer or other alcoholic beverages after giving such person ten days' notice of a hearing and after holding such hearing for the purpose of determining whether or not such license should be revoked; provided, however, that such power of revocation shall be exercised under the following conditions:
(1) When disorderly or immoral practices are permitted on the premises.
(2) Where such person sells or offers for sale any beer or other alcoholic beverages in violation of the terms of this article or of the Texas Alcoholic Beverage Code, or consumes or permits any other person to consume beer or other alcoholic beverages on the premises in violation of the terms of this article or of the Texas Alcoholic Beverage Code.
(1959 Code, sec. 5-2-9; 1996 Code, sec. 5.109; Ordinance 2018-044 adopted 4-3-18)