Editor’s note–Ordinance 682, sec. II, adopted February 23, 2016, in effect repealed the former chapter 3, sec. 3-1, and enacted a new chapter 3 as set out herein. The former chapter 3 pertained to similar subject matter and derived from Ordinance 522, adopted September 4, 2008.
For the purpose of this chapter, all definitions of words, terms, and phrases set forth in the Texas Alcoholic Beverage Code, as it exists now or as it may be hereafter amended, are hereby adopted and made a part thereof.
(Ordinance 682, sec. II, adopted 2/23/16)
(a) 
No person may sell any alcoholic beverage within 300 feet of a church, public or private school, or public hospital.
(b) 
The measurement of the distance between the place of business where the 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.
(c) 
The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be:
(1) 
In a direct line from the property line of the public or private school 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 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.
(d) 
An applicant may apply for, and the city council may approve, a variance from the provisions of this section if the council determines that the enforcement of this section 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 for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the 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.
(e) 
This section does not apply to the holder of:
(1) 
A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a private school; or
(2) 
A license or permit covering a premise where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code sec. 109.53 and that is located within 300 feet of a private school.
(f) 
For purposes of this section, the term “private school” means a private school, including a parochial school, that:
(1) 
Offers a course of 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 682, sec. II, adopted 2/23/16)
The sale of liquor and beer is prohibited in all residential sections or areas of the city, as designated by any zoning ordinance or comprehensive plan of the city. The city council may enact any and all other regulations regarding the sale, consumption, distribution, etc. of alcoholic beverages, as permitted by law.
(Ordinance 682, sec. II, adopted 2/23/16)
The city shall have the power to administer and enforce the provisions of this section as may be required by governing law. Any person violating any provision of this section is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this section is hereby declared to be a nuisance.
(1) 
Criminal prosecution.
Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this Code.
(2) 
Civil remedies.
Nothing in this section shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this section and to seek remedies as allowed by law, including, but not limited to the following:
a. 
Injunctive relief to prevent specific conduct that violates the section or to require specific conduct that is necessary for compliance with the section; and
b. 
A civil penalty up to $100.00 a day when it is shown that the defendant was actually notified of the provisions of the section and after receiving notice committed acts in violation of the section or failed to take action necessary for compliance with the section; and
c. 
Other available relief.
(Ordinance 682, sec. II, adopted 2/23/16)