(a)
It
shall be unlawful for any person to sell or engage in the business
of selling alcoholic beverages in the city where the place of business
is within 300 feet of any church, public hospital, public school,
private school, day-care center, or child-care facility.
(b)
It
shall be unlawful for any person to sell or engage in the business
of selling alcoholic beverages in the city where the place of business
is within 1,000 feet of public schools, if the city council receives
a request from the board of trustees of a school district.
(c)
It
shall be unlawful for any person to sell or engage in the business
of selling alcoholic beverages in the city where the place of business
is within 1,000 feet of private schools (as defined by Texas Alcoholic
Beverage Code section 109.33(i)), if the city council receives a request
from the governing body of a private school.
(d)
The
distance between the place of business where alcoholic beverages are
sold and the church, public hospital, private school, or public school
shall be measured as stated in the Texas Alcoholic Beverage Code section
109.33.
(Ordinance 2012-827, sec. 1, adopted 8/27/12)
The city prohibits the sale of beer in residential areas. In
exercising this authority, the city may distinguish between retailers
selling beer for on-premises consumption and retailers, manufacturers,
or distributors who do not sell beer for on-premises consumption.
(Ordinance 2012-827, sec. 2, adopted 8/27/12)
The city prohibits the sale of alcoholic beverages in residential
areas by an establishment that derives 75 percent or more of the establishment’s
gross revenue from the on-premises sale of alcoholic beverages.
(Ordinance 2012-827, sec. 3, adopted 8/27/12)
[Any person found to be in violation of] this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with section 1.01.009 of this code. Each continuing day’s violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 2012-827, sec. 4, adopted 8/27/12)
