(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
(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
(Ordinance 2012-1131 adopted 11/29/12)