River Oaks City Zoning Code
SECTION 26
ALCOHOLIC BEVERAGE SALES.
A.
INTENT.
It is the intent of this section to preserve the effect of the zoning regulations restricting the sale of alcoholic beverages that were adopted by the city before June 11, 1987. In accordance with section 109.57 of the Texas Alcoholic Beverage Code, these restrictions are not preempted and are valid even though they may impose more strict standards on businesses required to have a license or permit under the Alcoholic Beverage Code than are imposed on similar businesses that are not required to have such a license or permit. On June 11, 1987, subject to certain restrictions, alcoholic beverages could be sold in the "G-2" Zoning District. This Ordinance re-designates the "G-2" Zoning District as the "C-3" Zoning District, and provides less restrictive conditions for the sale of alcoholic beverages in the "C-2" District, where the sale of alcoholic beverages was not permitted on June 11, 1987.
B.
WHERE PERMITTED; SPECIAL USE PERMIT.
1.
Alcoholic beverage sales are permitted in "C-3" Commercial Districts as follows:
a.
No specific use permit required for the following uses:
i.
Restaurant where less than 75 percent of the gross revenues are derived from the sale of alcoholic beverages. On-premises consumption only; and
ii.
Food sales stores (grocery or convenience stores) where less than 75 percent of the gross revenues are the sale of alcoholic beverages, and other commodities, such as gasoline. Off-premises consumption only.
b.
A specific use permit is required if alcoholic beverage sales comprise more than 75 percent of an establishment's gross revenue.
c.
The city may require an audit of the accounts of an establishment to determine whether the establishment is in compliance with this Section.
d.
The process for requesting a special use permit is governed by Section 23A.
2.
Alcoholic beverage sales are permitted in "C-2" Commercial District if the city council, in its discretion, issues a specific use permit and the following conditions, at a minimum, are met:
a.
One parking space is required for every three seats or for every 100 square feet of floor area, whichever is greater.
b.
All sales must be within permanent walls of the establishment covered by a roof.
c.
All required state licenses or permits must be valid and in effect.
d.
The sale of alcoholic beverages is prohibited in a place of business that is within 300 feet of a church, public or private school, day-care facility or public hospital. Measurement of the distances shall be calculated as provided by the Texas Alcoholic Beverage Code.
e.
The permit holder will erect a masonry or steel fence of a height not less than six feet nor greater than eight feet between property permitting the sale of alcohol and the property zoned or used for a residential use.
f.
The establishment must be in compliance with applicable buildings codes.
g.
A specific use permit will terminate upon change of ownership of the holder of the specific use permit and the permit is not transferable.
h.
A permit holder shall notify the City of the expiration or termination of any license or permit issued by the Alcoholic Beverage Commission for the property.
i.
For establishments with on-premises consumption only, the following apply:
i.
The establishment except for Restaurants must be at least 4,000 square feet in size.
ii.
The primary use of the business must be other than the sale of alcoholic beverages (for example: restaurants) and the establishment shall not derive more than 30% of its gross revenue from the on-premised sale of alcoholic beverages. (The City may require an audit of the accounts of an establishment to determine whether the establishment is in compliance with this provision.)
iii.
No outside consumption of alcoholic beverages is permitted.
j.
For establishments with off-premises consumption only, the following apply:
i.
The establishment must be at least 2,000 square feet in size.
ii.
The primary use of the business must be other than the sale of alcoholic beverages (for example: grocery or convenience stores) and the establishment shall not derive more than 30% of its gross revenues from the sale of alcoholic beverages. (The City may require an audit of the accounts of an establishment to determine whether the establishment is in compliance with this provision.)
iii.
No on-premises consumption of alcoholic beverages is permitted.
k.
No signs advertising or depicting alcohol or tobacco shall be visible from the right-of-way.
l.
No amplified music or loudspeakers outside the building is permitted.
m.
Upon evaluation of the factors listed in Section 23A.G hereof, the City Council may impose additional restrictions to protect adjacent properties from the impact of the special use.
C.
ADDITIONAL LOCATION REQUIREMENTS.
Except for a business selling alcohol pursuant to a specific use permit, which shall be governed by Section 23A.G. hereof, the sale of alcoholic beverages is prohibited in a place of business that is within 300 feet of a church, public or private school, day-care facility or public hospital. Measurement of the distances shall be calculated as provided by the Texas Alcoholic Beverage Code.
(Ordinance 1394-2023 adopted 11/28/2023)