Chapter 3. Alcoholic Beverages

For the purposes of this chapter, all definitions of words, terms and phrases as set forth in the Texas Alcoholic Beverage Code are hereby adopted and made a part hereof.

(Ord. No. 88-047, § 1, 11-7-1988)

The sale of alcoholic beverages by any dealer where the place of business of any such dealer is within 300 feet of any church, public school or public hospital, is hereby prohibited in accordance with the provisions of V.T.C.A., Alcoholic Beverage Code § 109.33. The distance between any such place of business and any church, public school or public hospital to be measured in accordance with said V.T.C.A., Alcoholic Beverage Code § 109.33.

Provision is made, however, for the granting of a variance from the prohibition herein contained; a variance may be granted by the city council of the City of Bellaire, thus allowing the sale of alcoholic beverages within 300 feet of any church, public school or public hospital, if the city council determines that enforcement of the prohibition 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 is in the best interest of the community.

Any person desiring a variance as herein provided shall file with the city clerk a written request for hearing before the city council. The city clerk shall place such request upon the agenda of the city council for its regular meeting next following the expiration of 15 days from the date of filing of the request by the applicant, and shall, at least ten days prior to the date of such hearing, provide written notice of the date, time and nature of such hearing to any church, public school or public hospital within 300 feet of the proposed place of business, advising such church, school or hospital of its right to appear at such hearing and present evidence.

At the time of the hearing, the city council shall hear all persons desiring to be heard in support of or in opposition to applicant's request for a variance, and shall, at the conclusion of such hearing, deliberate its findings and file its decision, in writing, either granting or denying the requested variance, with the city clerk as soon after the conclusion of the hearing as possible but in any event not later than the next regular meeting of the city council. The city clerk shall thereupon provide written notification of the decision of the city council to the applicant. The decision of the city council shall be final and binding.

(Ord. No. 83-050, § 1, 7-18-1983)

(a) General Prohibition. Except as provided in subsection (b), or section 3-4, it shall be unlawful for any person or persons to use or consume alcoholic beverages, intoxicating liquors, beer or wine in any public park, public place or other property owned by the city.

(b) Evelyn's Park. Within that portion of Evelyn's Park designated by Ordinance No. 19-001, the sale, service and consumption of beer, wine, and pre-batched mixed beverages using spirits shall be permitted until 11:00 p.m. provided that the vendor has:

(1) Texas Alcoholic Beverage Commission permit;

(2) Proof of liability insurance; and

(3) License issued by the city pursuant to chapter 3, article II.

(Ord. No. 15-059, § 1, 9-21-2015; Ord. No. 19-001, § 1 (App. A), 1-7-2019)

(a) A person or organization may sell, possess, or consume an alcoholic beverage in a public place, as designated in chapter 12, community center, if a special permit is first obtained from the city manager or the city manager's designee in accordance with the procedures set forth in section 3-5;

(b) The nature discovery center may, sell, possess or consume alcoholic beverages at its facilities if a special permit is first obtained from the city manager or the city manager's designee in accordance with the procedures set forth in section 3-5;

(c) A person or organization may sell, possess, or consume beer and wine in Evelyn's Park, outside that portion of the park designated by Ordinance No. 19-001, if a special permit is first obtained from the city manager or the city manager's designee in accordance with the procedures set forth in section 3-5; and

(d) A person or organization may sell, possess, or consume spirited drinks within the event center at Evelyn's Park if a special permit is first obtained from the city manager or the city manager's designee in accordance with the procedures set forth in section 3-5.

(Ord. No. 07-077, § 2(App. A), 12-17-07; Ord. No. 15-021, § 1, 3-23-2015; Ord. No. 19-001, § 1 (App. A, B), 1-7-2019)

(a) Permit required. It is unlawful for any person or organization to sponsor, hold, or conduct a special use or activity involving the sale, possession, and/or consumption of alcoholic beverages in the city-owned public places identified in section 3-4 without first receiving a permit from the city.

(b) Permit process. A person or organization seeking the issuance of a special permit to sell, possess, or consume alcoholic beverages in the city-owned public places identified in section 3-4 shall file an application with the city manager or the city manager's designee. A complete application must be filed not less than 30 [days] nor more than 180 days before the date of the proposed special use or activity. The application must be signed by the person or persons responsible for the special use or activity and must include the following information:

(1) The name, address, and telephone number of the person and/or organization and its officers applying for the permit;

(2) If the use or activity is to be conducted for, on behalf of, or by any person other than the applicant, the name, address, and telephone number of that person;

(3) The exact nature of the special use or activity for which the permit is being sought, including the number and type of special uses or activities planned;

(4) The date and hours for which the permit is desired;

(5) The number and types of vendors that will be present.

(6) The city-owned public facility desired to be used to carry out the proposed special use or activity;

(7) An estimate of the anticipated number of people expected to attend;

(8) The arrangements that will be made for traffic control, security, medical care, and other services or facilities to support the special use;

(9) Whether there will be a charge for the special use and the basis upon which persons may or may not be admitted to the event if other than a charge;

(10) A description of any structures that will be used or erected to support the special use or activity;

(11) The circumstances under which alcoholic beverages will be sold, served, or possessed; and

(12) Any other information the city determines is necessary to evaluate the application and determine whether it meets the requirements of this chapter and other applicable chapters of this code.

(c) Fees and deposits. The city may establish and collect fees, deposits, and bonds to pay for or ensure the payment of costs incurred by the city relating to the use of a city-owned public place for a special use or activity, including costs incurred for trash cleanup and removal, providing security, protection or medical care, for the administration of this chapter or any other applicable chapter of this code, and for any other necessary or related services that arise directly from the use of any city-owned public place. Additionally, the city will require the person or group to have liability insurance for the special use, event, or activity.

(d) Permit decision. The city will make a decision on the special permit application as promptly as possible after the applicant has provided all the information required by the application, but in no case later than ten business days after the date a complete application is submitted. A special permit shall not be issued unless it is first found that:

(1) The proposed sale, possession, and/or consumption of alcoholic beverages will not unreasonably interfere with or detract from the public health, safety, or welfare;

(2) The special use or activity for which the applicant is seeking the permit will not involve youth sports or other youth activities in which any of the participants will be under 18 years of age;

(3) The proposed sale, possession, and/or consumption of alcoholic beverages is not reasonably likely to result in or create a clear and present danger of violence by the application or by other persons or property resulting in serious harm to the public; and

(4) The public place where the applicant proposes its activity or function has not been reserved for another activity or use at the day and hour requested in the application, during which the sale, possession, and/or consumption of alcoholic beverages by the applicant and his or her guests would be incompatible.

(e) Conditions. The city manager or his designee may impose reasonable conditions on special permits issued to ensure compliance with city rules, regulations, and this chapter or other applicable chapters of this Code. If such conditions are imposed, the permit issued will contain in writing all the conditions and requirements that apply to the special use or activity.

(f) Denial of special permits. If the city manager or his designee refuses to issue a permit as authorized by this chapter, the city manager or his designee will specify in writing the provisions of this chapter upon which the refusal was based as well as any factual information in support of the determination. Said provisions may include, but are not limited to, the following:

(1) The application submitted is not sufficient or complete, provides false information, does not comply with this chapter or a regulation approved hereunder, or was not submitted with any required documents, fees, or deposits;

(2) The time or location for the proposed special use or activity conflicts with the time or place of either a city-sponsored special use for which a permit has been issued or an application was already pending and there is insufficient space in the city-owned public place to accommodate both events;

(3) The applicant has failed to arrange or provide for adequate parking, trash cleanup, security, or other arrangements to ensure that the special use or activity will be safe, secure, and healthful for the participants thereof;

(4) The special use or activity does not comply with this chapter, state, or federal laws or regulations, or a reasonable condition imposed by the city manager or his designee for issuance of a permit;

(5) The applicant has held a prior special use for which the applicant failed to comply with a requirement of this chapter, failed to pay any required fees, charges, or deposits, failed to comply with all of the conditions of the permit, failed to pay or remedy damage incurred to public property, created a dangerous condition or situation, or failed to comply with reasonable requests of the city manager or his designee, or otherwise violated the purpose or intent of this chapter;

(6) The special use or activity is being held primarily for commercial purposes; and/or

(7) The proposed special use or activity would present an unreasonable danger to the health or safety of the applicant, special use or activity attendees, or other users of the city-owned public place.

(g) Posting and exhibiting permits. The special permit issued under this chapter shall be posted in the area where the special use or activity is conducted and produced and exhibited upon the demand of any law enforcement officer or authorized parks and recreation employee.

(Ord. No. 07-077, § 2(App. A), 12-17-07; Ord. No. 19-001, § 1 (App. A), 1-7-2019)

(a) Exempt premises. A person is not required to obtain a permit or license from the city to manufacture, sell, distribute, or store intoxicating liquor, malt liquor, or other alcoholic beverages on premises that are a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment, provided the premises has paid a fee to operate to the Texas Department of State Health Services or to a county or public health district.

(b) Non-exempt premises. A person who manufactures, sells, distributes, or stores intoxicating liquor, malt liquor, or other alcoholic beverages on premises not described in subsection (a), including but not limited to liquor stores, shall obtain the required permit or license from the city.

(Ord. No. 26-007, § 1(App. A), 1-26-2026)

Before any license is issued under the provisions of this article, the applicant therefor shall pay to the city such annual fees as are authorized by state law. An annual renewal fee of $1.00 for handling renewals of city licenses issued under this article shall be paid at the same time the annual license fee is paid.

(Ord. No. 1590, § 1, 8-21-1967)

All taxes, permits and/or license fees levied by this article shall be paid in advance for one year.

Upon the payment of the applicable tax or fee prescribed by this article to the city clerk, and exhibition to him of a permit duly issued by the state to the applicant or person paying such tax or fee, the city clerk shall, in the name of the city, issue and deliver to such applicant or person a permit or license to engage in business in the city of the character described in and authorized by the permit from the state held by such applicant or person; the permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the permit from the state and shall remain in force only so long as such permit from the state remains in force or until revoked for cause.

Every license required by the provisions of this article shall be issued under, and subject to, the provisions of this Code.

The conduct of business of the holder of any license issued under this article shall be governed by and subject to all general state laws, civil or penal, or provisions of this Code and ordinances of this city.