Sec. 4-1. - Definitions in this chapter.

In this chapter:

Alcoholic beverage means alcohol and any beverage containing more than one-half of one (1) percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.

Central business district means, as related to a homeless shelter or substance abuse center, a compact and contiguous geographical area in the city used for commercial purposes that has historically been the primary location in the city where business has been transacted.

Haven for Hope campus means the homeless shelter property, the boundaries of which are set out on the map attached to Ordinance No. 2010-04-15-0328 as attachment I.

Homeless shelter means a supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals who lack a fixed regular and adequate residence.

Hospital means an institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

School means any public or private institution of learning (kindergarten, elementary school, middle school, junior high school, high school, college or university), not operated for profit, with an accreditation recognized by the commissioner of education.

Substance abuse treatment center means a public or private hospital or facility, licensed or operated by the state for the treatment of chemical dependency or a controlled substance or alcohol.

(Ord. No. 19660, § 2, 10-8-53; Code 1959, §§ 5-2, 5-5; Ord. No. 68849, § 1, 2-16-89; Ord. No. 2010-04-15-0328, § 1, 4-15-10)

Sec. 4-2. - Alcoholic beverage code adopted.

There is hereby adopted the V.T.C.A. Alcoholic Beverage Code, which code is made a part of this article by reference for all purposes as though fully set out herein.

(Code 1959, § 5-6; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-3. - No vested right conferred; conflict with law not authorized.

The sale of alcoholic beverages is a privilege and this chapter is not intended to give any person a vested right to engage in such business nor is such chapter intended to be in conflict in any manner with the provisions of the Texas Alcoholic Beverage Code.

(Ord. No. 19660, § 3, 10-8-53; Code 1959, § 5-3; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-4. - Consumption of alcoholic beverages in the central business district.

(a)

In this section, the following words and terms shall have the meanings ascribed in this subsection:

(1)

Central business district means the area depicted as the central business district of the city on the map attached to the ordinance from which this section derives, which is to be submitted for approval to the Texas Alcoholic Beverage Commission, and upon said approval, true copies of which map, resolution and order shall be placed on file in the office of the city clerk and which describe the area as follows:

Beginning at South San Marcos Street at its intersection with West Commerce Street, south to its intersection with Matamoros Street, east to its intersection with the Union Pacific Railway, south to South Alamo Street, north to its intersection with East Durango Boulevard, east to South Cherry Street, north to its intersection with East Commerce Street, east to its intersection with North Mesquite Street, north to its intersection with Burleson Street, west to its intersection with Austin Street, north to its intersection with Casa Blanca Street, west to Newell Avenue, southwest to East Elmira Street, west to the intersection of West Elmira and the westbound service road of Interstate Highway 10, underneath Interstate Highway 10, then westbound from the intersection of the Interstate Highway 10 eastbound service road and Perez Street to its intersection with North Frio Street, south to its intersection with West Martin Street, west to its intersection with North San Marcos Street, south to its intersection with West Commerce Street.

(2)

Licensed premises means the premises of any place for which a Texas Alcoholic Beverage Commission permit or license has been issued that allows on-premises consumption of alcoholic beverages.

(3)

Open container means an alcoholic beverage container that is no longer sealed.

(b)

A person commits an offense if the person:

(1)

Is within the central business district, as defined by subsection (a)(1), and

(2)

Possesses an open container or engages in the public consumption of any alcoholic beverage.

(c)

It is a defense to prosecution under this section that the alleged offense took place in a motor vehicle, in a building not owned or controlled by the city, in a residential structure or on a licensed premise that is situated in the central business district.

(d)

Except as set out herein, this section does not prohibit or otherwise control the manufacture, sale, distribution, transportation or possession of alcoholic beverages.

(e)

The city manager is authorized to erect and post signs in and around the central business district area forewarning persons that possession of an open container or the public consumption of alcoholic beverages in the central business district is prohibited.

(f)

An offense under this section may be subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 2010-04-15-0327, §§ 1, 2, 4-15-10)

Editor's note—

Ord. No. 2010-04-15-0327, §§ 1, 2, adopted April 15, 2010, repealed and reenacted section 4-4 in its entirety to read as herein set out. Formerly, section 4-4 pertained to consumption on public streets or public property prohibited, and derived from Ord. No. 59119, §§ 1—6, adopted August 2, 1984, and Ord. No. 68849, § 1, adopted February 16, 1989.

Secs. 4-4.1, 4-4.2. - Reserved.

Editor's note—

Ord. No. 2010-04-15-0327, § 1, adopted April 15, 2010, repealed the former sections 4-4.1 and 4-4.2 in their entirety, which pertained to the possession, consumption or distribution upon Plaza Guadalupe restricted, and consumption in the Cattleman Square area, respectively, and derived from Ord. No. 61103, §§ 1, 2, adopted July 25, 1985; Ord. No. 68849, § 1, adopted February 16, 1989, and Ord. No. 83942, §§ 1—8, adopted April 11, 1996.

Sec. 4-4.3 - Consumption of alcoholic beverages on or near public streets in the King William area of the central business district.

(a)

A person commits an offense if the person:

(1)

Is on a public street or on public property within twelve (12) feet of a public street in the King William area of the central business district, as defined by subsection (b), and

(2)

Possesses a container for an alcoholic beverage that is not sealed (an "open container") or consumes an alcoholic beverage.

(b)

For purposes of this section, the "King William area" of the central business district is defined as follows: beginning at the intersection of East Durango Boulevard and the east bank of the San Antonio River; thence, south and east following the east bank of the San Antonio River to its intersection with the Southern Pacific Railway railroad right-of-way; thence, east along the Southern Pacific Railway railroad right-of-way to its intersection with South Presa Street; thence, north on South Presa Street to its intersection with East Durango Boulevard; thence, west along East Durango Boulevard to its intersection with the east bank of the San Antonio River, the place of beginning; save and except any of the land included within the boundaries of the King William Park.

(c)

This section does not prohibit or otherwise control the manufacture, sale, distribution, transportation or possession of alcoholic beverages.

(d)

The city manager is authorized to erect and post signs in and around the King William area forewarning persons that possession of an open container or the consumption of alcoholic beverages on a public street or on public property within twelve (12) feet of a public street is prohibited.

(e)

An offense under this section is a Class C misdemeanor.

(Ord. No. 99381, § 1, 6-25-04)

Sec. 4-4.4. - Public possession of an open container or consumption of alcoholic beverages within one thousand (1,000) feet of the Haven for Hope campus.

(a)

A person commits an offense if the person:

(1)

Is on a public street, public alley, or public sidewalk within one thousand (1,000) feet of the property line of the Haven for Hope campus, and

(2)

Possesses a container for an alcoholic beverage that is no longer sealed, ("open container") or consumes an alcoholic beverage.

(b)

Each offense under this section may be subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 2010-04-15-0328, § 2, 4-15-10)

Sec. 4-5. - Waiver of consumption prohibitions on public property.

(a)

Except for such city properties where deed restrictions prohibit alcohol, the provisions of any ordinance making it illegal to have alcoholic beverages on public property may be waived by the city manager or his designated representative, upon petition from any group, and the city manager or his designated representative may issue a special waiver to allow alcoholic beverages if, after review, he determines that the following conditions and circumstances exist:

(1)

The alcohol use will be in connection with a planned and scheduled event anticipated to involve fifty (50) or more people;

(2)

Appropriate security is provided by the permittee to ensure that laws governing legal age for drinking and public intoxication will not be violated and that public property at the site of the event is safeguarded;

(3)

A deposit in an amount established by rules and regulations for the applicable public property is posted.

(b)

Any such waiver which has been issued must be available at the site of the event and must be produced for inspection upon request by any law enforcement official.

(c)

The city manager or his designated representative shall develop rules and regulations for conducting of such event within the framework of the policy stated in this section and shall ensure that waiver applicants are fully cognizant of same at the time a permit is issued.

(d)

Applicants who have been denied a waiver by the city manager or his designated representative may appeal to city council providing such appeal is made no later than ten (10) days preceding the date of the scheduled event.

(Ord. No. 59172, §§ 1—4, 8-9-84; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-6. - Distances from church, school or hospital.

(a)

Exceptions to minimum distance requirement. No alcoholic beverages shall be sold for consumption on or off the premises where sold, when such premises are located within three hundred (300) feet of any church, school or hospital, the measurements to be made in the manner prescribed by V.T.C.A., Alcoholic Beverage Code, 109.33(b), provided this section shall not apply:

(1)

Where the premises for which application is made was being used for the sale of alcoholic beverages for off premises consumption at the time the school, church or hospital was established and such use has been continuous to the date of application; or

(2)

Where the premises for which application is made was being used for the sale of beer or wine for on-premises consumption at the time the school, church or hospital was established and such use has been continuous to the date of application; and

(3)

Where the premises is a church or hospital and the applicant for a beer or wine license is the church or hospital on said premises, or where the applicant has the approval of the church or hospital in writing.

(b)

Method of measurement. As to any dealer who held a license or permit before September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a), the measurement of the distance between the place of business or the dealer and the school shall be along the property lines or the street fronts and from front door to front door, and in a direct line across intersections. This subsection applies only as long as the place of business is continuously in operation from that date, whether or not under the same license or permit.

(c)

Variance. City council may authorize the sale of alcoholic beverages at a location within three hundred (300) feet of a public school, as that distance is determined by the manner of measurement prescribed by V.T.C.A. Alcoholic Beverage Code § 109.33(b), and in effect at the time that such authorization is sought provided that city council makes findings as follows:

(1)

The sale of alcoholic beverages had been permitted within the last two (2) years at the location in question;

(2)

The discontinuance of the sale of alcoholic beverages was not a result of a violation of law;

(3)

A variance is necessary because the manner of measurement, as currently prescribed in V.T.C.A. § 109.33(b), has changed and as a result thereof, the premises in question has been determined to be within three hundred feet (300) feet of a public school; and

(4)

The proposed sale of alcoholic beverages would be for on premise consumption and constitute no more than thirty (30) percent of the establishment's annual gross revenues.

(d)

Variance procedure.

(1)

The applicant shall submit to the city clerk a completed variance request form, certified documentation from the Texas Alcoholic Beverage Commission (establishing that an alcoholic beverage license had been issued for the location where the variance is sought and that the date of expiration of the license was less than two years before the date of the variance request), and the variance application fee of one hundred dollars ($100.00);

(2)

The city clerk shall set the variance for hearing on the first available city council agenda after the passage of thirty (30) days from the date the request is received;

(3)

The city clerk shall forward copies of the variance application and supporting documentation to the director of building inspections who shall make a recommendation to city council regarding the variance request;

(4)

Not later than ten (10) days prior to the date of the hearing, the director of building inspections may send written notice of the variance request to the affected public school;

(5)

If at the conclusion of the public hearing the city council makes affirmative findings, as provided in subsection (c), a variance may be granted; provided that city council may, with the consent of the applicant, place additional conditions on the variance, where such conditions are in the public interest; and

(6)

If the council approves the variance request, the applicant shall on an annual basis submit to the department of building inspections the necessary documentation to verify that no more than thirty (30) percent of the establishment's annual gross revenues are generated by the sale of alcoholic beverages.

(e)

Variance violation.

(1)

It shall be a violation of the variance granted by city council to sell alcoholic beverages for off premise consumption; for on premise consumption of alcoholic beverages that exceed more than thirty (30) percent of the annual gross revenues of the establishment, or to violate any other condition imposed by city council.

(2)

The director of building inspections may request the city attorney to seek any and all remedies available at law and or equity to assure the conditions imposed on the granting of the variance are enforced, including the discontinuance of the sale of alcoholic beverages.

(Code 1950, §§ 30-7, 30-19; Ord. No. 23434, § 1 8-16-56; Ord. No. 24181, § 1, 1-3-57; Ord. No. 25667, § 1, 10-17-57; Ord. No. 26485, § 1, 6-12-58; Code 1959, §§ 5-11, 5-23; Ord. No. 33167, § 1, 3-25-65; Ord. No. 44246, § 1, 8-22-74; Ord. No. 68849, § 1, 2-16-89; Ord. No. 88724, § 1, 10-22-98)

State law reference— Authority for above restrictions, V.T.C.A., Alcoholic Beverage Code, § 109.33.

Sec. 4-7. - Certificate authorizing continued sales.

The director of building inspections is hereby directed to issue proper certificates to authorize the continued sale of alcoholic beverages on those premises which were lawfully devoted to such use prior to the zoning ordinance affecting such location or the annexation of the affected location.

(Ord. No. 19660, § 4, 10-8-53; Code 1959, § 5-4; Ord. No. 52775, § 2, 9-11-80; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-8. - Collection of fees, receipts.

It shall be the duty of the City of San Antonio Tax Assessor and Collector to process payments of the alcoholic beverage fees specified in accordance with this article and to issue receipts therefor, which shall be valid concurrently with the permit or license issued by the state.

(Code 1950, § 30-3; Code 1959, § 5-9; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-9. - Enforcement duty.

Violation of any provision of this chapter of the City Code shall be prosecuted in municipal court by appropriate city official designated by the city manager.

(Ord. No. 68849, § 1, 2-16-89)

Secs. 4-10—4-20. - Reserved.