(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 the city council by resolution, approves a request from the governing body of the private school.
(b) 
Subsection (a)(1) does not apply to the holder of a license or permit issued by the Texas Alcoholic Beverage Code who also holds a food and beverage certificate by the state alcoholic beverage commission covering the premises that is located within 300 feet of a private school. Subsection (a)(2) does not apply to a retail off-premises consumption permit or license if less than 50 per cent 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.
(c) 
Subsection (a)(2) does not apply to the holder of:
(1) 
A license or permit issued under V.T.C.A. Alcoholic Beverage Code chapter 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
(2) 
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.
(d) 
For the purposes of this section, “private school” means a private school, including a parochial school, which offers a course or instruction for students in one or more grades from kindergarten through grade 12 and has more than 100 students enrolled and attending courses at a single location.
(e) 
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. 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.
(f) 
For any dealer who held a license or permit from the state 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.
(g) 
Applications of distance requirements:
(1) 
If at the time an original alcoholic beverage permit or license is granted by the state alcoholic beverage commission for a premises, the premises satisfies the requirements regarding distance from schools, churches, and other types of premises set forth in this section, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.
(2) 
On the sale or transfer of the premises or the business on the premises in which a new original license or permit 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.
(h) 
The city council may allow variances to this section 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 is in the best interest of the city.
(Ordinance 10/47, sec. 1, adopted 12/7/10)
(a) 
There is hereby levied an annual permit fee in an amount equal to one-half (1/2) of the fee charged by the state for each particular permit or license (or the maximum fee that the city is authorized by law to charge) issued by the state alcoholic beverage commission, except when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code. The fee shall be paid to the city secretary at the time of application and on the date such state permit or license is renewed with the state thereafter. Following payment of the fee and approval of the permit application, the city secretary shall issue a permit for the location for a period of time equal to the state permit or license. The amount of the fee shall be set by appropriate resolution of the city council amending the city’s master fee resolution.
(b) 
The permit or license issued under the provisions of the Alcoholic Beverage Code shall be prima facie proof of the classification of the permit or license upon which the fee is levied and shall be the sole basis of determination of the amount of the city’s license fee.
(c) 
In addition to any license fee provided for by state law and the master fee resolution for the issuance of a permit or license, the city secretary shall collect an administrative review fee from each applicant to defray the city’s cost of review of the original and any renewal application, review of the zoning and other code requirements of the city, measurement to determine if the premises meet minimum distance requirements, and completion and certification of the application to the alcoholic beverage commission. The amount of the administrative review fee shall be set by resolution of the city council amending the master fee resolution.
(Ordinance 10/47, sec. 1, adopted 12/7/10)