Aubrey City Zoning Code

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use meets all supplemental standards specifically applicable to the use as set forth in this chapter;

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances.

Alcohol, or any beverage containing more than one-half (1/2) of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

An establishment principally for the sale and consumption of alcoholic beverages on the premises that derives seventy-five percent (75%) or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages.

A facility for the sale of beer, wine, and/or liquor not for on-premises consumption that derives seventy-five percent (75%) or more of its gross revenue from the on-premises sale of beer, wine, and/or liquor.

An establishment providing social and dining facilities, as well as alcoholic beverage service, to an association of persons united for a common goal, and otherwise falling within the definition of, and permitted under the provisions of the Texas Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

A wine-making facility that either ferments juices from grapes and/or other fruit, blends wines, or manufactures, bottles, labels, and packages wine, and/or performs any other activity authorized by Chapter 16, Winery Permit, of the Texas Alcoholic Beverage Code[,] as amended.

A manufacturing plant designed to distill alcoholic spirits such as wine, beer, ale, or liquor. No on-premises individual sales of alcoholic beverages are allowed.

That the application complies with all provisions of this and all applicable ordinances, including applicable distance requirements;

That a Specific Use Permit (SUP) application is officially submitted with the payment of applicable fees;

That proof is submitted that a representative of TABC has approved the submittal of an application for license; and

That the Chief of Police or Director of Public Safety has reviewed the SUP application.

Following the recommendation by the Planning and Zoning Commission and approval of the SUP application by the City Council, a license or permit shall be issued to the applicant to be used at a specific address, in a specific zoning district, for specific types of alcohol sales, as described in the application for a Specific Use Permit. Said license shall be subject to a City fee, as described in Section 6(C)(2) [Subsection 6-AB.(7)]. A certificate of occupancy for the business shall be submitted, reviewed, and approved prior to commencement of sales.

A facility for the sale of beer, wine, and/or liquor not for on-premises consumption that derives seventy-five percent (75%) or more of its gross revenue from the on-premises sale of beer, wine, and/or liquor may be allowed in the General Retail (GR), Shopping Center (SC), and Commercial (C) zoning districts with the application for a Specific Use Permit. Planned Development Districts (PD) with nonresidential uses may be allowed through a SUP. In addition, a package or liquor store shall not have walk-up window access and shall not have drive-through or drive-up access. A liquor (package) store shall be located in one of the following:

A bar or tavern is defined as a business where the sale of alcoholic beverages for on-premises consumption is the primary source of income. Such bar or tavern serving alcoholic beverages may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C), and Planned Development Districts (PD) (with nonresidential uses) zoning districts with the application for a Specific Use Permit shall be subject to the following regulations and processes described in (5)(b)(i) through (xiii) [sic], above, with the exception that a bar or tavern shall not be located closer than three hundred (300) feet to any property used exclusively for religious or educational purposes. The method of measurement shall be in accordance with TABC rules allowing the vertical distance to count toward separation. A hotel shall not be considered a residential use for the purpose of this section. A bar or tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. Bars or taverns shall be regulated by Article 4.02 Alcoholic Beverages, Division 1, Generally, Section 4.02.009 Distance requirements applicable to certain establishments with high sales of alcoholic beverages, Section 10(b) [Subsection B.(9)(b)] and with the measurement method described in Section 10(c) [Subsection B.(9)(c)].

A distillery may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C) Industrial (IND), and Planned Development District (PD) (with nonresidential uses) zoning districts with the application for a Specific Use Permit. Distance requirements applicable to certain establishments with high sales of alcoholic beverages, Section 10(b) and with the measurement method described in Section 10(c).

Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute, or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the City without first obtaining a Specific Use Permit to do so from the City. All of the provisions of the Specific Use Permit procedure shall apply as per the City's Code of Ordinances, Chapter 14, Exhibit 14A, Zoning Ordinance, as amended. In the event of a conflict between the general regulations governing Specific Use Permits and the provisions contained in this section, the provisions of this section shall control.

In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the planning and planning and zoning coordinator with the appropriate fee established by the City. The Planning & Zoning coordinator shall process the application by submitting it to the Planning & Zoning Commission for their review and recommendation to the City Council for approval or disapproval. The City Council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages.

All SUP applications shall be considered by the Planning & Zoning Commission which shall make a recommendation on such application to the City Council. The City Council shall make the final decision on all SUP applications. Public hearings on the SUP application shall be required for both the Commission and the Council. Written notices of those hearings shall be sent to City of Aubrey landowners within 200 feet of the subject property, and notice shall be published in the local newspaper as outlined in the Chapter 14, Zoning, Exhibit 14A, Zoning Ordinance, Section 28, Amendments, as amended.

The applicant shall submit a Site Plan/Floor Plan as part of the SUP application process in accordance with the City's Zoning, Chapter 14, Exhibit 14A, Zoning Ordinance, [Section 5] Subsection Q, Site Plans.

The applicant must design and operate the establishment forwhich an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area.

The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the City Council.

As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the City to inspect such records during reasonable business hours[.]

The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder.

The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.

The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter, and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable City ordinances and state laws.

Unless specified as a condition of approval by the City Council for an SUP, a Specific Use Permit issued for any alcoholic beverage sales under this section shall automatically expire upon a change in use of the property, change of ownership to the property, and/or business, and/or upon the revocation, termination, or expiration of the certificate of occupancy.

All Specific Use permits issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended.

It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to Chapter 105 of the Texas Alcoholic Beverage Code, as amended.

The use is incompatible with the surrounding uses or property; or

The use is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the City and its inhabitants; or

The use is found to be in noncompliance with any City ordinances, including without limitation failure to comply with any one (1) or more of the provisions of this section.

High volume sales include package or liquor stores, bars or taverns, wineries, and distilleries. An establishment that derives seventy-five percent (75%) or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premise[s] consumption may not be located within 1,000 feet of a public school, private school, church, day care center or child care facility, as those terms are described by TABC. Alcohol sales for on-site consumption in an establishment defined as a "bar or tavern" shall not be located within 1,000 feet of another like business. Alcohol sales for off-premises consumption in an establishment defined as a "liquor or package store" shall not be located within 2,000 feet of another like business.

The method of measurement of such distances shall be in accordance with the terms of this section and the Texas Alcoholic Beverage Code, as amended. The measurement of the distance between the place of business and the establishment selling alcohol shall be as follows:

Pursuant to Section 11 of Ord. 484-12, adopted on November 20, 2012, the City Council may allow variances to the distance requirement regulations in Section 9(a) and 9(b) [Subsection B.(9)(a) and B.(9)(b)] of this Ordinance if the City Council determines that enforcement of the distance requirements in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines that a variance is in the best interest of the community.

Upon recommendation by the Planning and Zoning Commission, the City Council may allow an exception upon proof by the applicant that he/she meets the following criteria:

It shall be unlawful for any person to consume or possess any alcoholic beverage on:

The sale of beer and/or wine shall be permitted for Special Events sponsored or organized by the City of Aubrey or to which the City of Aubrey is a partner with another organization, and which is held upon public property per the City of Aubrey Code of Ordinances, Article 4.02 Alcoholic Beverages.

Establishments selling alcoholic beverages in existence prior to this ordinance being adopted are deemed to have not met the Specific Use Permit requirement.

Existing establishments selling alcoholic beverages shall apply for a Specific Use Permit three (3) months prior to the TABC permit annual renewal.