(a)
Prohibited distance.
It shall be unlawful for any person,
firm or corporation to sell, or cause to be sold, alcoholic beverages
from a place of business located within three hundred feet of a church,
public school or public hospital.
(b)
Measurement of distance.
The measurement of the distance
between the place of business where alcoholic beverages are sold and
the 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
school shall be from the nearest property line of the public school
to the nearest doorway by which the public may enter the place of
business, along street lines and in a direct line across intersections.
For any permit or license covering premises where minors are prohibited
from entering the premises under section 109.53, Alcoholic Beverage
Code of the state, the measurement of the distance between the premises
and a public school shall be along the property lines of the street
fronts and from front door to front door, and in a direct line across
intersections.
(c)
Notice to school officials of application for license.
Every applicant for an original alcoholic beverage license or permit
for a location with a door by which the public may enter the place
of business of the applicant that is within one thousand feet of the
nearest property line of a public school, measured along street lines
and directly across intersections, must give written notice of the
application to officials of the public school before filing the application
with the commission.
(d)
Statutory authority.
This section is made pursuant to
the authority granted to the city by the Texas Alcoholic Beverage
Code, section 109.33.
(e)
Penalty.
Any person who violates this section shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code, and each and every day of any such violation shall constitute a separate and distinct offense.
(f)
Location of church near preexisting use.
No church shall
be located within three hundred feet of any business which is lawfully
selling alcoholic beverages in compliance with the distance restrictions
set forth in this section.
(2001 Code, secs. 4.101–4.106)
(a)
The
city levies and shall collect a fee not to exceed one-half the state
fee or the maximum amount allowed by law, whichever is greater, for
each permit and license (except a temporary or agent’s beer
license) issued by the state alcoholic beverage commission for premises
located within the city’s corporate limits.
(b)
The
permit or license fee shall be due and payable on or before January
1st of each year.
(2001 Code, sec. 4.107)
