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Home My WebLink AboutIR 10688 INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 1of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS This IR is to provide Council with information regarding state and municipal regulation of bring your own beverage (BYOB) establishments. BYOB establishments are places of business where customers are allowed to bring their own alcoholic beverages onto thepremises of a bar or restaurant that is applying for a permit to sell alcohol or is already licensed to sell beer or wine, or into an establishment that is not licensed to sell alcoholic beverages by the Texas Alcoholic Beverage Commission. State Laws Regulating BYOBs: BYOB establishments are not referenced in the Texas Alcoholic and Beverage Code (Code) and are, because of the lack of reference, not regulated by the Code. As such, BYOB establishments are not required to get a permit or license from theTexas Alcoholic and Beverage Commission (TABC). While BYOB establishments are not required to obtain a license from TABC, the following alcohol possession and consumption lawsstill apply in BYOB establishments: Minors Possessing or Consuming Alcohol: The punishment for making alcoholic beverages available to a minor is a class A misdemeanor, punishable by a fine up to $4,000, confinement in jail for up to a year or both. The violator’s driver's license will be automatically suspended for 180 days on conviction. People 21 or older (other than the parent or guardian) can be held liable for damages caused by intoxication of a minor under 18 if the adult knowingly provided alcoholic beverages to a minor or allowed the minor to be served or provided alcoholic beverages on the premises owned or leased by the adult. Public Intoxication:Chapter 49.02 of the Texas Penal Code states: "A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another." Legal Hours of Public Consumption: o Legal hours of public consumption begin at7am Monday -Saturday, and noon on Sunday. o Legal hours of public consumption end at 2:15am if the area is legal for extended hours. Otherwise, legal hoursof public consumption end at 12:15 am Sunday night through Friday night, and 1:15 am Saturday night. Municipal Ordinances Regulating BYOBs: Municipal regulations of alcohol sales are preempted by the Texas Alcoholic and Beverage Code (Code) and as such, municipalities cannot adopt regulations that are more prohibitive than state law. In 2007, the Texas Attorney General opined in GA-0561 that because the Code preempts the regulation of possession and consumption of alcoholic beverages, a municipality cannot adopt an ordinance regulating possession or consumption of an alcoholic beverage in an establishment operating on a BYOB basis. Some municipalities have considered or adopted ordinances to regulate BYOB establishments with special permitting and operating requirements including hours of operation, submission of a public safety ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 2of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS plan (fire and security) and operational plan (contact information of manager, types of events allowed.) Municipalities that have adopted or considered BYOB ordinances: Harker Heights –adopted April 14, 2020. Only one business is following the ordinance and has an active permit. Killeen –ordinance proposed and failed to be adopted June 9, 2021. Austin –adopted August 9, 2007. Austin does not currently enforce the ordinance and have issued zero permits issued after 14 years. Outside of ordinances specifically addressing BYOB establishments, other tools exist within the City Code to address issuesthat arise, such as the noise ordinance, nuisance abatement proceedings, compliance with permitting rules for zoning and applicable building codes. Police Data –BYOB The Police Department does not have a specific call type for BYOB but has identified the following locations as BYOBs and the various call types responded to for thoselocationsfrom September 2019 through September 2021. Call Type Description for BYOB Establishments September13, 2019 -September13, 2021 RoxyShowgirls -1300NELoop820 CallTypeDescriptionTotal ASSAULT1 CallforPolice/NODS1 CommercialHold-Up1 CriminalMischief1 DISTURBANCE1 DRUCALL6 HIT&RUNACCIDENT1 INVESTIGATION6 MAJORACCIDENT6 MEETCOMPLAINTANT-SUPERVISOR2 MINORACC-COMMERCIALVEHICLE1 Minor Accident -Blocking6 Minor Accident -NotBlocking6 Other-StrandedMotorist1 Other-TrafficHazard1 Other-Unconscious Person3 STOLENVEHICLE2 TRAFFICVIOLATION2 GrandTotal48 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 3of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS BucksWild-5316SuperiorPkwy CallTypeDescriptionTotal 911Hang-Up/OpenLine1 ASSAULT1 BURGLARALARM-COMM1 BurglarAlarm-Commercial5 DISTURBANCE8 DomesticDisturbance1 DRUCALL8 DRUPRIORITY1 FIGHT1 FireCall-BombThreat1 HIT&RUNACCIDENT3 Hit & RunReport1 IntoxicatedPerson1 INVESTIGATION9 MEETAMBULANCE1 Minor Accident -NotBlocking1 MinorAccident-CommercialVeh1 OTHER2 Other-AttempttoLocate/Cont2 Other-TrafficHazard1 Personwith a Weapon1 GrandTotal51 RicksCabaret-7101CalmontAve CallTypeDescriptionTotal ASSAULTREPORT1 BURGLARALARM-COMM1 BurglarAlarm-Commercial4 DISTURBANCE11 DomesticDisturbance1 DRUCALL12 Hotrodders1 INVESTIGATION6 MEETAMBULANCE2 MissingPerson/Runaway1 Other-TrafficHazard1 Personwith a Weapon1 STOLENVEHICLE1 SUICIDEATTEMPT1 TRAFFICVIOLATION1 GrandTotal45 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 4of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS BucksCabaret -2345MeachamBlvd CallTypeDescriptionTotal ASSAULT1 ASSAULTREPORT2 CommercialHold-Up3 CSSU1 DISTURBANCE16 DomesticDisturbance1 DRUCALL15 DRUPRIORITY1 FIGHT3 HIT&RUNACCIDENT2 INVESTIGATION21 MAJORACCIDENT1 MEETAMBULANCE1 Minor Accident -NotBlocking1 MissingPerson/Runaway1 Other-AttempttoLocate/Cont1 Other-StrandedMotorist1 PERSONWITHWEAPON1 Robbery1 Shooting1 STOLENVEHICLE1 SUICIDEATTEMPT3 THEFT1 GrandTotal80 MammaMia-3124E BelknapSt CallTypeDescriptionTotal DISTURBANCE1 DRUCALL4 INVESTIGATION1 MARKOUT-EAT5 MEETAMBULANCE1 Other-TrafficHazard1 SuicidalPerson -Psych/MHMR1 GrandTotal14 PinUps Cabaret-5000Mark IV Pkwy CallTypeDescriptionTotal ASSAULT1 BURGLARALARM-COMM1 Burglary2 CSSU1 DISTURBANCE5 DRUCALL9 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 5of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS FIGHT4 HIT&RUNACCIDENT2 INVESTIGATION5 MARKOUT-EAT1 Minor Accident -NotBlocking1 OTHER1 Personwitha Weapon3 ShotsFired -Drive By2 Shots FiredintheArea1 STOLENVEHICLE1 SUICIDEATTEMPT2 TRAFFICVIOLATION3 GrandTotal45 NonnaTata-1400WMagnoliaAve CallTypeDescriptionTotal Business / ResidenceCheck8 BUSN/RESDCHECK2 DISTURBANCE2 INVESTIGATION1 MARKOUT-EAT1 Markout-Eat/Meal2 OTHER1 TRAFFICVIOLATION2 GrandTotal19 FlyingCarpet Turkish Café-1223Washington Ave CallTypeDescriptionTotal CommercialHold-Up1 GrandTotal1 Giovanni'sItalianKitchen-5733CrowleyRd CallTypeDescriptionTotal ABANDONEDPROPERTY1 BurglarAlarm-Commercial1 Disturbance1 Markout-Eat/Meal1 MEETAMBULANCE1 MINORACCIDENTBLOCKING1 GrandTotal6 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 6of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS CaféBella-3548SHillsAve CallTypeDescriptionTotal ASSAULTREPORT1 BURGLARALARM-COMM2 BurglarAlarm-Commercial6 Burglary1 BurglaryReport1 Business / ResidenceCheck4 CommercialBurglary1 DISTURBANCE1 DRUCALL9 FireCall-BombThreat1 MARKOUT-COMMUNITYSERVICE2 MARKOUT-EAT5 Markout-Eat/Meal18 MEETAMBULANCE1 OTHER1 PRISONERPICKUP1 STOLENVEHICLE1 SuspiciousPerson1 THEFT1 GrandTotal58 GoldRush-3108N. Main CallTypeDescriptionTotal Assault3 Burglary1 Business / ResidenceCheck10 CallforPolice/NODS1 CSSU2 DISTURBANCE6 DomesticDisturbance1 DRUCALL10 Fight2 HIT&RUNACCIDENT3 Hit & RunReport1 HOTRODDERS2 INVESTIGATION34 Meet Amb-UnkPersonDown1 MEETAMBULANCE1 Other4 PERSONWITHWEAPON2 PRISONERPICKUP1 Shooting2 SHOTSFIREDINAREA1 ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERSNo. 21-10688 October 12,2021 To the Mayor and Members of the City Council Page 7of 7 SUBJECT: MUNICIPAL REGULATION OF BRING YOUR OWN BOTTLE (BYOB) ESTABLISHMENTS TrafficViolation2 GrandTotal90 GoldRush-3108N. Main 2:00AM-6:00AM CallTypeDescriptionTotal Assault3 Burglary1 Business / ResidenceCheck7 CallforPolice/NODS1 CSSU2 Disturbance3 DomesticDisturbance1 DRUCall2 Fight1 Hit& RunAccident2 Hit & RunReport1 Investigation28 MEETAMBULANCE1 Other4 PERSONWITHWEAPON2 PRISONERPICKUP1 Shooting2 SHOTSFIREDINAREA1 TrafficViolation2 GrandTotal65 If you have any questions please contact Melinda Ramos, Senior Assistant City Attorney,at 817-392-7631. David Cooke City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS