(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)