(a) It shall
be unlawful to sell or offer for sale any alcoholic beverage by a
dealer whose place of business is within:
(1) 300
feet of a church, public or private school, public hospital, day-care
center or child-care facility;
(2) 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) It shall
be unlawful to sell or offer for sale beer from a place of business
which is located in a residential area within the city.
(b) For purposes
of this article, the term "residential area" means an area occupied
primarily by structures used for private dwellings.
(Ordinance 14-588-12, § 4,
adopted 11/20/2014)
Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section
1-13. Each day of violation shall constitute a separate offense.
(Ordinance 14-588-12, § 6,
adopted 11/20/2014)