(a) 
The sale of alcoholic beverages is prohibited by a dealer whose place of business is within:
(1) 
Three hundred feet (300') of a church, public or private school, or public hospital; or
(2) 
One thousand feet (1,000') of a private school if a request from the governing body of the private school.
(b) 
Subsection (a)(1) does not apply to the holder of:
(1) 
A license or permit issued by the Texas Alcoholic Beverage Commission who also holds a food and beverage certificate by the Texas Alcoholic Beverage Commission covering a premises that is located within three hundred feet (300') of a private school; or
(2) 
A license or permit covering a premises where minors are prohibited under V.T.C.A. Alcoholic Beverage Code section 109.53 and that is located within three hundred feet (300') of a private school.
(c) 
Subsection (a)(2) does not apply to the holder of:
(1) 
A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(2) 
A retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages;
(3) 
A license or permit issued under V.T.C.A. Alcoholic Beverage Code chapters 27 (temporary and special wine and beer retailer's permit), V.T,C.A. Alcoholic Beverage Code, chapter 31 (caterer's permit), or V.T.C.A. Alcoholic Beverage Code chapter 72 (temporary licenses) who is operating on the premises of a private school; or
(4) 
A license or permit covering a premises where minors are prohibited from entering under V.T.C.A. Alcoholic Beverage Code section 109.53 and that is located within 1,000 feet of a private school.
(Ordinance 2012-1131 adopted 11/29/12)
Private school.
For the purposes of this division, "private school" means a private school, including a parochial school, that:
(1) 
Offers a course or instruction for students in one or more grades from kindergarten through grade 12; and
(2) 
Has more than 100 students enrolled and attending courses at a single location.
(Ordinance 2012-1131 adopted 11/29/12)
(a) 
For purposes of this division, 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 street fronts and from front door to front door, and in direct line across intersections.
(b) 
For purposes of this division, the measurement of the distance between the places of business where alcoholic beverages are sold, and a public or private school shall be:
(1) 
In a direct line from the property line of the public or private school to property line of the place of business, and in a direct line across the intersections; or
(2) 
If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(c) 
Notwithstanding subsection (b), for any dealer who held a license or permit from the Texas Alcoholic Beverage Commission on September 1, 1983, the measurement of the distance between the place of business of the dealer and a public or private school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(Ordinance 2012-1131 adopted 11/29/12)
(a) 
If at the time an original alcoholic beverage permit or license is granted by the Texas Alcoholic Beverage Commission for a premises the premises satisfies the requirements regarding distance from schools, churches, and other types of premises established in section 6.02.051 and any other law or ordinance of the state or a political subdivision of the state in effect at that time, the premises shall be deemed to satisfy the distance requirements of section 6.02.051 for all subsequent renewals of the license or permit.
(b) 
On the sale or transfer of the premises or the business on the premises in which a new original license or permit granted by the Texas Alcoholic Beverage Commission is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license.
(Ordinance 2012-1131 adopted 11/29/12)
The city council may allow variances to the regulation in section 6.02.051 if it 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, does not serve its intended purpose, is not effective or necessary, or 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 city.
(Ordinance 2012-1131 adopted 11/29/12)
The provisions of this division constitute a police regulation, the violation of which shall be subject to the penalty set forth in section 1.01.009(b).
(Ordinance 2012-1131 adopted 11/29/12)