MINIMUM REQUIREMENTS FOR BYOB ESTABLISHMENTS

Houston Code of Ordinances ch. 28, art. XXII, div. 3

in effect

Houston Code of Ordinances § 28-697 Operator required on premises.

Sec. 28-697. - Operator required on premises. The owner shall ensure that the operator is continuously on the premises during the hours of operation. The owner may serve as the operator. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-698 Minimum age for admittance and employment.

Sec. 28-698. - Minimum age for admittance and employment. (a) The owner, the operator, or an employee of a BYOB establishment may not allow a person under the age of 18 years on the premises. (b) The owner, the operator, or an employee of a BYOB establishment may not allow a person under the age of 21 years to consume alcohol on the premises. (c) The owner or operator of a BYOB establishment that the city determines to also be a sexually oriented business under this Code may not employ or allow persons under the age of 21 years at a BYOB establishment. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-699 Security plan implementation.

Sec. 28-699. - Security plan implementation. (a) A person may not operate a BYOB establishment without an approved security plan. (b) The applicant shall provide security for the BYOB establishment in accordance with the security plan. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-700 Minimum security requirements.

Sec. 28-700. - Minimum security requirements. All BYOB establishments shall comply with the following minimum security requirements: (1) Hand wand or walkthrough metal detectors shall be utilized on all persons entering the BYOB establishment; (2) The exterior portion of the premises, including parking areas, shall be well lit during business hours and must have lighting to illuminate parking areas to at least 0.7 foot-candles. Said lighting shall be designed so as to not unduly interfere with any neighbor's reasonable use and/or enjoyment of the neighbor's premises; (3) The BYOB establishment shall provide for at least one security officer per 100 patrons. Security officers must have at least a Level II non-commissioned security guard license; (4) The BYOB establishment must have a working security video system with low light recording capabilities. The system must record open areas and all entrances and exits inside and outside of the premises, excluding restroom facilities. The BYOB establishment must also have digital high-resolution surveillance cameras sufficient to provide an overall view from the exterior of the building to the property line. The owner shall maintain a library of the recorded digital images for not less than 90 days. At least one on-site personnel must be able to access the system if requested by law enforcement. All security cameras and security footage is subject to inspection at any time by city personnel; and (5) Any requirement that the police official deems reasonably necessary for the BYOB establishment. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-701 Doors to remain unlocked.

Sec. 28-701. - Doors to remain unlocked. During the hours of operation, a person may not lock or obstruct: (1) An exterior entrance door that is designated or available for use by patrons; or (2) An interior door that provides access to a portion of the premises that is designated or available for use by patrons. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-702 Trespass affidavit.

Sec. 28-702. - Trespass affidavit. The owner of a BYOB establishment shall execute a trespass affidavit as promulgated by the police department in order to enforce all applicable trespass laws on the owner's behalf at such property. A true and correct copy of the trespass affidavit shall be posted at the BYOB establishment at all times in a conspicuous place accessible at all times to the public. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-703 Annual compliance inspection.

Sec. 28-703. - Annual compliance inspection. (a) Before a BYOB establishment has been permitted pursuant to section 28-687, the owner shall schedule an inspection with the police official to determine the establishment's compliance with the minimum requirements established in this article. Each owner shall pay a nonrefundable inspection fee stated for this provision in the City Fee Schedule for the inspection services described in this section as provided in section 28-685(b). In consideration of such fee the applicant shall be entitled to the original inspection and one reinspection for deficiencies, if required. An additional fee is hereby imposed and shall be collected for the second and each subsequent reinspection required due to deficiencies as provided in the city fee schedule. The fee shall be paid to the department prior to the commencement of the inspection. (b) During the inspection the police official shall identify any violations of section 28-700 and provide an action plan specifying the measures to be implemented at the property to bring it into compliance with section 28-700. (c) The owner of the BYOB establishment must within 60 days after the inspection either cure the violations or demonstrate to the police official that the finding of non-compliance was incorrect. If, after the 60-day period has elapsed, the police official determines that the establishment has failed to cure the violation, the commercial establishment will be subject to a penalty as set forth in section 28-710. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-704 Consent to inspection.

Sec. 28-704. - Consent to inspection. (a) By accepting a permit under this chapter, the owner consents that the director, the director's representative, law enforcement personnel, code enforcement personnel, and other on-duty governmental personnel may enter the premises at reasonable times to investigate or inspect the premises to determine compliance with this chapter. (b) The owner, the operator, and an employee shall provide the director, the director's representative, law enforcement personnel, code enforcement personnel, and other on-duty governmental personnel with immediate access to all portions of the premises. If the BYOB establishment is occupied, the police official must present credentials to the owner or other person having charge or control of the commercial establishment and request entry. (c) If the owner or other person having charge or control of the BYOB establishment refuses the police official's request to enter the premises to inspect or perform the duties imposed by this article or to inspect or review records relating to compliance with this article, the police official shall have recourse to the remedies provided by law to secure entry. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-705 Parking area restrictions.

Sec. 28-705. - Parking area restrictions. (a) The owner, the operator, or an employee may not allow persons to loiter in a parking area. (b) The owner, the operator, or an employee may not allow persons to consume an alcoholic beverage in a parking area. (c) The owner shall post signs in each parking area stating that the consumption of an alcoholic beverage is prohibited. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-706 Sale of alcoholic beverages prohibited.

Sec. 28-706. - Sale of alcoholic beverages prohibited. A person may not sell an alcoholic beverage at a BYOB establishment. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-707 Consumption and purchase of alcohol by owner prohibited.

Sec. 28-707. - Consumption and purchase of alcohol by owner prohibited. The owner, operator, employee, or agent of a BYOB establishment may not: (1) Consume an alcoholic beverage while on duty; (2) Purchase or otherwise acquire an alcoholic beverage for a patron; or (3) Give an alcoholic beverage to a patron. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-708 Hours of operation.

Sec. 28-708. - Hours of operation. (a) The owner, operator, employee, or agent of a BYOB establishment may not allow persons to bring alcoholic beverages onto the premises for possession and consumption between 2:15 a.m. and 7:00 a.m. each day except Sunday, or between 2:15 a.m. and noon on Sunday. (b) A person may not consume an alcoholic beverage on the premises of a BYOB establishment between 2:15 a.m. and 7:00 a.m. each day except Sunday, or between 2:15 a.m. and noon on Sunday. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-709 Compliance with other laws.

Sec. 28-709. - Compliance with other laws. The owner, the operator, or an employee of a BYOB establishment shall comply with all applicable local and state laws relating to the operation of the BYOB establishment. The application and issuance of a BYOB permit does not exempt the owner and operator from applying for and obtaining other permits required for the business. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-710 Violation.

Sec. 28-710. - Violation. (a) Any failure to comply with any applicable provision of this article shall be an offense punishable as provided in section 1-6 of this Code. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense. (b) The procedures set forth in this article are cumulative of all other remedies available to the city relating to the subject matter hereof. Specifically, the city attorney may institute any legal action to enforce this ordinance or enjoin or otherwise cause the abatement of any condition described in this article, as well as for the recovery of all expenses incurred in connection therewith, including without limitation administrative and legal expenses, attorney's fees, and costs, and for civil penalties as provided by law. (Ord. No. 2023-376, § 4, 5-24-2023)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXXIIESNOLITEALBECO_DIV3MIREBYESFetched: 10/26/2026