(a)
The
sale of alcoholic beverages by a dealer whose place of business is
within 300 feet of a church, public school, or public hospital is
prohibited.
(b)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and a church or public hospital shall be along
the property lines of the street fronts and from front door to front
door, and in a direct line across intersections. The measurement of
the distance between the place of business where alcoholic beverages
are sold and the public schools shall be in a direct line from the
property line of the public school to the property line of the place
of business, and in a direct line across intersections.
(c)
The
city council may allow variances to this regulation if the city council
determines that enforcement of the regulation in a particular instance
is not in the best interest of the public, constitutes waste or inefficient
use of land or other resources, creates an undue hardship on an applicant
for a license or permit, does not serve its intended purpose, or is
not effective or necessary, and for any other reason the city council,
after consideration of the health, safety, and welfare of the public
and the equities of the situation, determines is in the best interest
of the community.
(d)
Any person violating this section, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(e)
Any
person violating this section is subject to suit for injunction as
well as prosecution for criminal violations.
(2002 Code, art. 4.300)
