Sale of alcoholic beverages.
A local option election was held on May 21, 1977, permitting the sale of alcoholic beverages, including mixed beverages within the city limits. At the time of the approval of this chapter, this applies to all areas of General Business, GB-1, with the exception of that tract of land annexed by Ordinance No. 270, dated September 1992. This tract of land is zoned General Business One, GB-1, but a local option election has not been held for it. The following applies in a General Business District One, GB-1:
(1) A business that is permitted must have a retail on-premises consumption permit or license and less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.33(f)(1)). An example of this permitted use is a full service restaurant Upon the restaurant’s annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50 percent of the establishment’s gross receipts and the license application will be presented to the building official prior to TABC renewal.
(2) A business that is permitted must have a retail off-premises consumption permit or license and less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.57(d)(2)). An example of this is a full service grocery store. Upon the store’s annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50 percent of the establishment’s gross receipts less exclusions and the license application will be presented to the building official prior to TABC renewal.
(3) A business that is permitted must have a retail off-premises consumption permit or license, in accordance with TABC Regulatory and Penal Provisions. An example of this permitted use is an alcoholic beverage store.
(4) No establishment will be permitted that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.57(d)(2)). An example of this nonpermitted use is a public bar.