Ord 2018-004/amending various sections of the San Marcos City Code for consistency with, or to complement concurrent adoption of the new San Marcos Development Code (“CodeSMTX”);

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SECTION 8. Section 18.026 of the San Marcos City Code is hereby amended as set forth below. Sec. 18.026. Alcoholic beverage license and permit fees. (a) An applicant who wishes to serve alcoholic beverages within the City limits must first comply with zoning and use requirements of the Development Code and pay associated fees. (ab) A city license fee and permit fee is levied and assessed in the amount of one-half of the state license and permit fees on every person engaged in the sale, cartage or manufacture of beer,wine or liquor.The city license and permit fees shall be paid to the city at the same time as the state license and permit fees are paid to the state. (bc) The following are exempt from the fee authorized in this section: (1) Agent's, airline beverage, passenger train beverage, industrial carrier's, private carrier's, private club registration, local cartage, storage, and temporary wine and beer retailer's permit; (2) A wine and beer retailer's permit issued for a dining, buffet or club car;and (3) A mixed beverage permit during the three-year period following the issuance of the permit. SECTION 9. Section 34.106 of the San Marcos City Code is hereby amended as set forth below. Sec. 34.106. Placement of flyers on parked vehicles prohibited in Central Business Area (CBA1 district. (a) It is unlawful for any person to place or cause to be placed a flyer on any vehicle parked or stopped on a public street or public parking place in the central business ar a(CBA)zoning district.In this section the term "flyer" includes but is not limited to a poster,handbill,card,leaflet,pamphlet or other similar object. (b) It is not unlawful to hand a flyer or any other such object to any person willing to receive it in the central business ar a(CBA) zoning district. (c) There is a rebuttable presumption, in any prosecution for violation of this section, that the primary beneficiary of any flyer is the person who caused it to be placed on the vehicle.In this subsection,the term"primary beneficiary"means the person whose goods, services, activity or identity is advertised or identified on or by the flyer.