(a)
No
person may sell alcoholic beverages if the place of business is within:
(1)
300 feet of a church, public or private school, or public hospital,
except that this subsection does not apply to the holder of a license
or permit who also holds a food and beverage certificate covering
a premises that is located within 300 feet of a private school;
(2)
300 feet of a day-care or a child-care facility, as those terms are
defined by section 42.002 of the Texas Human Resources Code, if the
person is the holder of a permit or license under chapter 25, 28,
32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold
a food and beverage certificate, except that this subsection does
not apply:
(A)
If the permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building
or in separate buildings and either the permit or license holder or
the day-care center or child-care facility is located on the second
story or higher of a multistory building; or
(B)
To a foster group home, foster family home, family home, agency group
home, or agency home, as those terms are defined by section 42.002
of the Texas Human Resources Code.
(b)
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 direct line across intersections. The measurement of
the distance between the place of business where alcoholic beverages
are sold and the public school, private school, day-care center, or
child-care facility shall be:
(1)
In a direct line from the property line of the public school, private
school, 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 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.
(c)
Every application 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 1,000 feet of the nearest property line of a public school, measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a place of business where alcoholic beverages are sold to the nearest property line of the school, must give written notice of the application to officials of the public school before filing the application with the state alcoholic beverage commission. A copy of the notice must be submitted to the commission with the application. This subsection (c) does not apply to a permit or license covering premises where minors are prohibited from entering the premises under section 109.53 [of the Alcoholic Beverage Code]. This subsection (c) does not apply for public or private hospital, public or private school or church use applications within the distance regulations as set forth in this section from an existing establishment which sells alcoholic beverages.
(d)
Variances
to this section may be granted by the town council if the town council
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
for a license or permit, does not serve its intended purpose, or 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.
(Ordinance 93-11, sec. 1, adopted 5/24/93; Ordinance adopting Code)
