Sec. 4-76. - Required.

It shall be unlawful for any person to manufacture or to brew any beer or wine for the purpose of sale, or to sell or distribute beer or wine within the city, without having first paid the fee as required by this article.

(Code 1950, § 30-12; Ord. No. 23434, § 1, 8-16-56; Code 1959, § 5-14; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-77. - Fee.

By virtue of the authority granted by the Texas Liquor Control Act, the city does hereby levy a fee equal to one-half (½) of the state fee imposed by V.T.C.A. Alcoholic Beverage Code, Title 3, upon all persons carrying on the activities described in such title within the city.

(Code 1950, § 30-13; Ord. No. 23434, § 1, 8-16-56; Code 1959, § 5-15; Ord. No. 57530, § 1, 9-1-83; Ord. No. 68849, § 12-16-89)

Sec. 4-78. - Collection and verification of fees, receipts.

(a)

Fee receipts issued under the terms of this article by the city tax assessor and collector shall run gently with the license or permit issued by the state alcoholic beverage commission, and it shall be the duty of the tax assessor and collector to accept and process payment of the fees specified in this article.

(b)

The special tax investigators of the city tax office are authorized to and shall have the responsibility to inspect any location holding or required to hold an alcoholic beverage permit or license under the Texas Alcoholic Beverage Code. The investigators are responsible for verifying the payment of city fees and the proper and conspicuous display of such fee receipts at the premises of the holder of such permit or license. Investigators shall issue warning violation notices in those cases where the proper fees have not been paid to the city and/or in those cases where the fee receipt is not properly displayed or cannot be located. Where compliance is not voluntary, the police department shall be notified to issue a class "C" misdemeanor citation. Continued or uncorrected violations shall be processed by the chief of police as stated in section 4-84, "Periodic police investigators," in this article.

(Code 1950, § 30-16.1; Ord. No. 23954, § 1, 11-15-56; Ord. No. 27998, §§ 1, 2, 10-8-59; Code 1959, § 5-16; Ord. No. 68849, § 1, 2-16-89; Ord. No. 76467, § 1, 9-10-92)

Sec. 4-79. - Display of fee receipt; penalty for failure to display.

The City of San Antonio tax fee receipt issued under this division shall be displayed at all times in a conspicuous place on the licensed premises. Failure to so display the city fee receipt shall constitute a class "C" misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00).

(Code 1950, § 30-16.1; Ord. No. 23954, § 1, 11-15-56; Ord. No. 27998, §§ 1, 2, 10-8-59; Code 1959, § 5-16; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-80. - Separate fee receipts for each business; nontransferable.

A separate city alcoholic beverage fee receipt shall be required for each place of business. Fee receipts issued under this article shall not be transferred.

(Code 1950, § 30-16.1; Ord. No. 23954, § 1, 11-15-56; Ord. No. 27998, §§ 1, 2, 10-8-59; Code 1959, § 5-16; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-81. - City protest of permit/license.

The chief of police or his designated representative may protest the issuance or renewal of a state permit or license in compliance with Texas Alcoholic Beverage Commission Code Sections 11.41 and 61.32(c). Evidence supporting the protest will be presented by the chief of police, with the assistance of the city attorney if necessary.

(Code 1950, § 30-16.2; Ord. No. 26131, § 1, 2-27-58; Code 1959, § 5-17; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-82. - Investigations, examinations of application.

(a)

Notification. The director of building inspections shall immediately notify the chief of police, the fire marshal and the director of public health of receipt of the application for a certificate of occupancy for a location at which the applicant intends to sell beer on premises.

(b)

Determining zoning district inspection of premises. The director of building inspections shall determine the zoning district in which the proposed business is to be located and the location of the nearest church, school, or hospital, and shall inspect the building in which the proposed business will be housed to determine if the structure meets all the requirements of the building code electrical code and plumbing code and mechanical code of the city.

(c)

Examination for fire hazards, unsafe places. The fire marshal shall examine the premises concerned at the address for which the permit or license is sought, and determine whether the applicant has available an adequate building which does not constitute a fire hazard or unsafe place.

(d)

Investigating sanitary condition. The director of public health shall investigate the sanitary condition of the premises and building in which the proposed business is to be located and determine whether it complies with the regulations governing sanitary conditions in food establishments, and with the provisions of this article concerning toilet facilities.

(e)

Written reports, forwarding application. The fire chief and health director, upon completing his investigation, shall forward a copy of a written report of his findings to the director of building inspections.

(Code 1950, § 30-15; Ord. No. 23434, § 1, 8-16-56; Code 1959, § 5-19; Ord. No. 27998, §§ 1, 2, 10-8-59; Ord. No. 52775, § 2, 9-11-80; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-83. - Periodic inspection of premises, inspections revealing causes for certificate of occupancy or cancellation.

(a)

Inspections. It shall be the duty of the director of building inspections, the fire marshal and the director of public health to cause an inspection to be made periodically of all premises of permittees and licensees selling beer and wine for consumption on the premises where sold.

(b)

Certificate of occupancy cancellation. In the event that a City Code violation is discovered during a periodic reinspection by the director of building inspections, the director of public health and the fire marshal, the permittee/licensee shall have a period of one hundred twenty (120) days from the date the director of inspections mails to him a notice of the work, alterations and repairs required, within which to do the things necessary to have the building conform to the requirements of the building code adopted by section 6-36 and the mechanical code adopted by City Code section 6-66 and of Chapters 4, 10, 11 and 13 of the Code. The certificate of occupancy shall be subject to cancellation if the required work, alterations and repairs are not accomplished within such one hundred twenty-day period. Such cancellation shall be effected by written notice mailed by the director of building inspections to the licensee at the premises described in the license. The director of building inspections shall notify the state alcoholic beverage commission of such cancellation.

(Code 1950, §§ 30-16.1, 30-17; Ord. No. 23439, § 8-16-56; Ord. No. 23954, § 1, 11-15-56; Ord. No. 27998, §§ 1, 2, 10-8-59; Code 1959, §§ 5-16, 5-21; Ord. No. 55811, § 30, 9-16-82; Ord. No. 57567, § 2, 9-15-83; Ord. No. 61329, 8-29-85; Ord. No. 65684, § 5, 9-10-87; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-84. - Periodic police investigations.

It shall be the duty of the chief of police to investigate each location, which is licensed for consumption on premises periodically. If such investigation reveals that probable cause for the state's suspension or cancellation of a permit or license exists, the investigating official shall inform the Texas Alcoholic Beverage Commission immediately of such fact and furnish supporting evidence. If from such evidence it appears that cause for a suspension or cancellation exists under the provisions of the Texas Alcoholic Beverage Code, the chief of police, with any assistance needed from the city attorney, shall petition the state alcoholic beverage commission to cancel or suspend such permit or license and shall pursue such petition diligently.

(Code 1950, § 30-17; Ord. No. 23439, § 1, 8-16-56; Code 1959, § 5-21; Ord. No. 55811, § 30, 9-16-82; Ord. No. 57567, § 2, 9-15-83; Ord. No. 61329, 8-29-85; Ord. No. 65684, § 5, 9-10-87; Ord. No. 68849, § 1, 2-16-89)