(a) 
A permit or license holder under chapters 25 (wine and beer retailer’s permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail dealer’s on-premises license), or 74 (brewpub license) of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate is prohibited from selling or engaging in the business of selling alcoholic beverages at a place of business located within 300 feet of a day-care center or child-care facility, as defined by the Texas Human Resources Code (or successor statute), except as otherwise provided by this article and the Texas Alcoholic Beverage Code.
(b) 
The restrictions in this section do not apply to a permit or license holder who sells alcoholic beverages if:
(1) 
The seller’s business and the day-care center or child-care facility are located on different stories of a multistory building; or
(2) 
The seller’s business and the day-care center or child-care facility are located in separate buildings and either the permit or license holder’s place of business or the day-care center or child-care facility is located on the second story or higher of a multistory building.
(Ordinance 518 adopted 4/8/14)
The measurement of the distance between the place of business where alcoholic beverages are sold and the day-care center or child-care facility shall be:
(1) 
In a direct line from the property line of the day-care center or child-care facility to the property line of the place of business, and in a direct line across 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 day-care center or child-care facility 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.
(Ordinance 518 adopted 4/8/14)
Upon written request, the city council may grant a variance to the regulations in Section 4.601 if the city council determines that enforcement of the regulations in a particular instance:
(1) 
Is not in the best interest of the public;
(2) 
Constitutes waste or the inefficient use of land or other resources;
(3) 
Creates an undue hardship on an applicant for a license or permit;
(4) 
Does not serve its intended purpose;
(5) 
Is not effective or necessary; or
(6) 
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.
(Ordinance 518 adopted 4/8/14)