§ 3-22. Refunds.

(a)

No permittee or licensee may obtain a refund of any city fee paid pursuant to this article, except as follows:

(1)

The permittee or licensee is prohibited from continuing in business at the premises to which the fee appertains because of a local option election, provided that in such event the refund shall be limited to the proportionate amount of the city fee covering the unexpired term of the permit or license; or

(2)

The Texas Alcoholic Beverage Commission decides to allow the permittee or licensee to withdraw its application and refunds the Texas Alcoholic Beverage Commission permit or license payment; or

(3)

The permit or license was issued through error on the part of city personnel. For purposes of this item, an error on the part of both city personnel and the permittee or licensee, such as the request for and issuance of a duplicate permit or license is excluded. Only errors that are exclusive to city personnel are included.

Except as provided in item (1) above, no refund shall ever be allowable where a Texas Alcohol Beverage Commission licensed or permitted premises has been operated for any length of time under authority of the fee receipt.

(b)

In order to receive a refund, the fee receipt must be surrendered to the tax assessor and collector. If any business was conducted under the permit or license, the refund shall be prorated on the basis of the date of surrender of the fee receipt.

(c)

Except in the circumstance described in item (3) of subsection (a), there shall be imposed the refund processing fee stated for this provision in the city fee schedule. If the amount of the refund to be given is less than the amount of the refund processing fee, then no refund shall be made.

(d)

In the circumstance described in item (3) of subsection (a), the fee shall be refunded in full.

(Code 1968, § 4-16; Ord. No. 81-1237, § 1, 6-30-81; Ord. No. 94-61, § 1, 1-19-94; Ord. No. 2011-1168, § 13, 12-14-2011)