City of Brookshire, TX REGULATIONS AND RESTRICTIONS

It shall be unlawful to sell or offer for sale any alcoholic beverage by a dealer whose place of business is within:

300 feet of a church, public or private school, public hospital, day-care center or child-care facility;

1,000 feet of a public school, if the city council receives a request from the board of trustees of a school district under V.T.C.A., Education Code § 38.007; or

(3)

1,000 feet of a private school if the city council receives a request from the governing body of the private school.

(b)

For the purposes of this section, 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 a direct line across intersections. 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.

(c)

Every applicant 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 or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the application with the city. A copy of the notice must be submitted to the city with the application. This subsection does not apply to a permit or license covering a premises where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code § 109.53.

(d)

As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this subsection was in effect on that date, for purposes of subsection (a) of this section but not subsection (c) of this section, 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 a direct line across intersections.

(e)

Subsection (a)(1) of this section does not apply to the holder of:

(1)

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; or

(2)

A license or permit covering a premises where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53 and that is located within 300 feet of a private school.

(f)

Subsections (a)(2) and (3) of this section do not apply to the holder of:

(1)

A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;

(2)

A retail off-premises consumption permit or license if less than 50 percent 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; or

(3)

A wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's or manufacturer's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in V.T.C.A., Alcoholic Beverage Code ch. 102.

(g)

Subsection (a)(3) of this section does not apply to the holder of:

(1)

A license or permit issued under V.T.C.A., Alcoholic Beverage ch. 27, 31, or 72 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 § 109.53 and that is located within 1,000 feet of a private school.

(h)

In 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.

(i)

With respect to required distances from day-care centers and child-care facilities as set forth above, subsection (a)(1) of this section does not apply to a permit or license holder who sells alcoholic beverages if:

(1)

The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or

(2)

The permit or license holder and the day-care center or child-care facility are located 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.

(Ordinance 14-588-12, § 3, adopted 11/20/2014)

(a)

This section applies only to a permit or license holder under V.T.C.A., Alcoholic Beverage Code ch. 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate.

(b)

Except as provided by this subsection, the provisions of V.T.C.A., Alcoholic Beverage Code § 109.33 relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by V.T.C.A., Human Resources Code § 42.002. The provision of V.T.C.A., Alcoholic Beverage Code § 109.33(a)(2) and (c) do not apply to a day-care center or child-care facility.

(c)

This section does not apply to a permit or license holder who sells alcoholic beverages if:

(1)

The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or

(2)

(d)

This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by V.T.C.A., Human Resources Code § 42.002.