ORDINANCE NO. 0-2023-10  AN ORDINANCE OF THE CITY OF TYE, TEXAS AMENDING CHAPTER 4 "BUSINESS REGULATIONS" OF THE TYE CODE OF ORDINANCES TO ADD ARTICLE 4.05 ALCOHOL SALES" TO GOVERN THE SALE OF ALCOHOL WITHIN THE CITY; REQUIRING PERSONS WITH PERMITS ORLICENSES? TO SELL ALCOHOLTOPAY A FEE TO THE CITY; EXTENDING THE HOURS DURING WHICH ALCOHOL MAY BE SOLD; PROVIDING A PENALTY FOR THE VIOLATION OF SAME; PROVIDING REPEALER AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION; AND ESTABLISHING, AN  EFFECTIVE DATE.  WHIEREAS, the City of Tye (the "City") is a Type A general law municipality operating WHEREAS, pursuant to an Order signed by Taylor County Judge Phil Crowley on November 13, 2023, the City was declared wet for the sale of alcoholic beverages, including mixed  pursuant to the laws oft the State ofTexas;  beverages;  WHEREAS, Sections 11.38(a) and 61.36(a) of the Texas Alcoholic Beverage Code, a City may levy and collect a fee for permits and licenses to sell alcoholic beverages that are issued within the City, in the amount of one-half of the fee provided in the Texas Alcoholic Beverage Code; WHEREAS, Sections 105.03 and 105.05 of the' Texas Alcoholic Beverage Code allow a City toadopt an ordinance allowing for extended! hours for the sale ofr mixed beverages and malt beverages; WHEREAS, the City Council oft the City (the "City Council") wishes to adoptsuch provisions and finds that doing so is for the good government of the City and for the trade and commerce oft the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  and City.  TYE, TEXAS: I.  Addition of Article 4.05. Chapter 4 "Business Regulations" of the Tye Code of Ordinances isk hereby amended by the addition of Article 4.05 "Alcohol Sales", and all other articles, chapters, sections, paragraphs, sentences, phrases, and words not expressly amended hereby are hereby ratified  and affirmed.  ARTICLE 4.05. ALCOHOLSALES  $4.05.001. Definitions.  Alcobolic Beverage means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable for use for beverage purposes, either alone or when diluted.  Ord. No. 0-2023-10- Alcohol Sales  Page1    Licensee means a person who is the holder of a license provided for in the Texas Alcoholic Beverage Malt Beverage means a fermented beverage of any name or description containing one-half of one perçent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from Mixed Beverage means one or more servings ofa 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 Permittee means a person whoi is the holder ofaj permit provided fori in the Texas Alcoholic Beverage  Code, or any agent, servant, or employee of that person.  any malt substitute.  served or sold by the holder of an appropriate permit or certificate. Code, or an agent, servant, or employee of that person.  $4.05.002. Fee Levied.  (a) Unless state law exempts a permittee or licensee from payment of a fee established by this Section, a permittee or licensee must pay the City a biennial permit or license fee ofone-half of the (b) The fee established by subsection (a) must be paid to the City at the time that the permittee or licensee requests that the City Secretary certify the permittee or licensee's application for a permit (c) A permittee or licensee who sells an alcoholic beverage at a business location before the permittee or licensee pays the fees established by this Section commits a misdemeanor punishable by  statutory fee provided fori in the' Texas Alcoholic Beverage Code.  or license.  af fine of not less than $10.00 nor more than $200.00.  $4.05.003. Hours of Sale.  (a) Unless otherwise provided by this Section, alcoholic beverages may only be sold during the hours authorized by Chapter 105 of the Texas Alcoholic Beverage Code, as amended.  (b) Mixed Beverages.  (1) A holder of a mixed beverage permit who holds a retailer late hours certificate may sell mixed beverages between 7:00: a.m. and 2:00 a.m. on any day except Sunday. (2) On Sunday, mixed beverages may be sold by al holder ofar mixed beverage permit who holds a retailer late hours certificate until 2:00 a.m. and between 10:00 a.m. and 2:00 a.m., except that a mixed beverage served to acustomer between 10:00a.m. and 12 noon on Sunday  must be provided during the service of food to the Customer.  (c) Malt Beverages.  (1) A holder of a retail dealer's on-premises license who holds a retailer late hours certificate may sell malt beverages between 7:00a.m. and 2:00 a.m. on any day except Sunday.  Ord. No. 0-2023-10- - Alcohol Sales  Page 2    (2) On Sunday, malt beverages may be sold by a holder of a retail dealer's on-premise license who holds a retailer latel hours certificate until 2:00 a.m. and between 12 noon and 2:00  a.m., unless otherwise provided below:  (A) Permittees or licensees authorized to sell for on-premise consumption may sell malt beverages between 10:00 a.m. and 12 noon if the malt beverages are served toa (B) Holders ofa retail dealer's on-premise license or a retail dealer's off-premise license may also sell malt beverages for off premise consumption between 10:00 a.m,  customer during the service of food to the Customer; and  and 12 noon.  (d) A violation oft this Section is a violation of the Texas Alcoholic Beverage Code as provided in II. Repeal. All ordinances or provisions of ordinances in conflict with this Ordinance arel hereby III. OpenMeetings It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Government Code. IV. Severability The provisions of this Ordinance are declared to be severable. Ifany section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, or phrases of this Ordinance, but they shall remain in effect V. Effective. Date. This ordinance shall take effect upon its adoption by the City Council and The above and foregoing ordinance was duly proposed, read in full and adopted on the 20-day of  Section 1.05 of the Texas Alcoholic Beverage Code, as amended.  amended to the extent of such conflict.  notwithstanding the invalidity ofany other part. after publication as required by law.  November 2023.  ATTEST:  A  Maria Franco.City daa  Ord. No. 0-2023-10- - Alcohol Sales  Page3 3