§ 26-93. Definitions.

Alcoholic beverage means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

Ale or malt liquor means a malt beverage containing more than four percent of alcohol by weight.

Applicant means a person who submits or files an original or renewal application with the city secretary, commission, or administrator for a license or permit.

Barrel means, as a standard of measure, a quantity of beer equal to 31 standard gallons.

Beer means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.

Central business district means a compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted.

Child-care facility means a facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

Citizen of Texas and citizen of this state mean a person who is a citizen of both the United States and Texas.

Commission means the Texas Alcoholic Beverage Commission.

Consignment sale means:

(1)

The delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person receiving the beverages has the right at any time to relinquish possession to them or to return them to the shipper and in which title to the beverages remains in the shipper;

(2)

The delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person designated as the receiver merely acts as an intermediary for the shipper or seller and the actual receiver;

(3)

The delivery of alcoholic beverages to a factor or broker;

(4)

Any method employed by a shipper or seller by which a person designated as the purchaser of alcoholic beverages does not in fact purchase the beverages;

(5)

Any method employed by a shipper or seller by which a person is placed in actual or constructive possession of an alcoholic beverage without acquiring title to the beverage; or

(6)

Any other type of transaction which may legally be construed as a consignment sale.

Day-care center means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.

Distilled spirits means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.

Guestroom means a sleeping room, including any adjacent private living area, in a hotel which is rented to guests for their use as an overnight accommodation.

Hotel means the premises of an establishment:

(1)

Where, in consideration of payment, travelers are furnished food and lodging;

(2)

In which are located at least ten adequately furnished completely separate rooms with adequate facilities so comfortably disposed that persons usually apply for and receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence; and

(3)

Which operates a regular dining room constantly frequented by customers each day.

Illicit beverage means an alcoholic beverage:

(1)

Manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this Code;

(2)

On which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or

(3)

Possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this Code.

Licensee means a person who is the holder of a license provided in this Code, or any agent, servant, or employee of that person.

Liquor means any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero, or barreteago, is prima facie evidence that it is liquor.

Manufacturer means a person engaged in the manufacture or brewing of beer, whether located inside or outside the state.

Minibar means a closed container in a hotel guestroom with access to the interior of the container restricted by a locking device which requires the use of a key, magnetic card, or similar device.

Minibar key means the key, magnetic card, or similar device which permits access to the interior of a minibar.

Mixed beverage means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.

Open container means a container that is no longer sealed.

Original package , as applied to beer, means a container holding one barrel, one-half barrel, one-quarter barrel, or one-eighth barrel of beer in bulk, or any box, crate, carton, or other device used in packing beer that is contained in bottles or other containers.

Permittee means a person who is the holder of a permit provided for in this Code, or an agent, servant, or employee of that person.

Person means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.

Premises means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

Wine and vinous liquor means the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.

Wine cooler means an alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have an alcohol content as low as one-half of one percent by volume.

These definitions shall be consistent with the state law regarding same and shall be automatically updated from time to time as the state laws are amended as though acted upon by the city council.

( Ord. No. 1535 , § 1, 11-13-2013)

State law reference

V.T.C.A., Alcoholic Beverage Code §§ 1.04, 109.35(d) and (e); V.T.C.A., Human Resources Code § 42.002(3) and (7).