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0 ORDINANCE NO. 2009-26 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS EXTENDING THE HOURS FOR THE SALE OF <br />BEER AND MIXED BEVERAGES FOR ON-PREMISES <br />CONSUMPTION; PROVIDNG FOR PERIODIC REVIEW OF THE <br />EFFECTIVENESS OF THIS ORDINANCE AND ITS IMPACT ON <br />THE COMMUNITY; RESERVING THE CITY'S RIGHT TO <br />REPEAL THIS ORDINANCE; PROVIDING FOR AMENDMENT OF <br />CONDITIONAL USE PERMITS PREVIOUSLY ISSUED FOR ON- <br />PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES TO <br />ALLOW THE SALE OF BEER AND MIXED BEVERAGES DURING <br />THE LATE HOURS HEREBY ADOPTED; INCLUDING <br />PROCEDURAL PROVISIONS AND DECLARING AN EFFECTIVE <br />DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />• SECTION 1. In this ordinance, the terms "beer" and "mixed beverages" shall have the same <br />meanings as set forth in § 1.04 of the Texas Alcoholic Beverage Code. <br />SECTION 2. The extended hours prescribed in § 105.05(c) of the Texas Alcoholic Beverage <br />Code are effective in the City of San Marcos, Texas to allow the holder of a retail dealer's on- <br />premise late hours license to sell, offer for sale, and deliver beer between midnight and 2 a.m. on any <br />day. <br />SECTION 3. The extended hours prescribed in §105.03(c) of the Texas Alcoholic Beverage <br />Code are effective in the City of San Marcos, Texas to allow the holder of a mixed beverages late <br />hours permit to sell and offer for sale mixed beverages between midnight and 2 a.m. on any day. <br />SECTION 4. Unless specifically provided otherwise in a conditional use permit at the time of <br />issuance or renewal, each valid and unexpired conditional use permit for on-premises consumption of <br />alcoholic beverages granted prior to the adoption of this ordinance shall be deemed amended to <br />authorize the sale of beer or mixed beverages for on-premises consumption during the extended hours <br />authorized by this ordinance if the holder thereof obtains a late hours permit for that location from the <br />Texas Alcoholic Beverage Commission. <br />SECTION 5. The City Council shall review and consider the effectiveness of this ordinance <br />is and its impact on the community at a regular meeting in February 2010, September 2010, and June <br />2011. The City Council may review this ordinance at any other time it deems appropriate.