(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)