(a) Sale of Alcoholic Beverages Near a Church, School, or Public Hospital.
(1)
(a) No person, as defined by the Texas Alcoholic Beverage Code shall sell alcoholic beverages if the place of business is within three hundred (300) feet of a church, public or private school, or public hospital except as provided by the Texas Alcoholic Beverage Code.
(b) The sale of alcoholic beverages is also prohibited within one thousand (1,000) feet of a private school if the city council adopts by resolution a request for the one thousand (1,000) foot separation from the governing body of a private school.
(c) For an Alcoholic Beverage Establishment, as defined herein, the distance requirement in Section
14.16(a) is two thousand six hundred forty (2,640) feet instead of three hundred (300) feet.
(2) 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 the front door to front door, and in direct line across intersections.
(3) The measurement of the distance between the place of business where alcoholic beverages are sold, and the public or private school shall be:
(a) 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
(b) If a permit or license holder is located on or above the fifth story of a multi-story 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 in which the permit or license holder is located.
(4) Subsection (1)(b), above, does not apply to the holder of:
(a) 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;
(b) 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
(c) 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 Chapter 102 of the Texas Alcoholic Beverage Code; or
(d) A license or permit issued under Chapter 27 (temporary wine and beer retailer’s permit), 31 (caterer’s permit), or 72 (temporary license) of the Texas Alcoholic Beverage Code who is operating on the premises of a private school; or
(e) A license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code and that is located within 1,000 feet of a private school.
(5) Subsection (1)(a), above, does not apply to the holder of:
(a) A license or permit who also holds a food and beverage certificate issued by the Texas Alcoholic Beverage Commission covering a premise that is located within 300 feet of a private school; or
(b) A license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code and that is located within 300 feet of a private school.
(6) In this Ordinance, “private school” means a private school, including a parochial school, that:
(a) Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(b) Has more than 100 students enrolled and attending courses at a single location.
(7) The City Council may grant variances to the requirements of this section if the City Council determines that enforcement of the regulation in a particular instance:
(a) Is not in the best interest of the public,
(b) Constitutes waste or inefficient use of land or other resources,
(c) Creates an undue hardship on an applicant for a license or permit,
(d) Does not serve its intended purpose,
(e) Is not effective or necessary, or
(f) Any other reason the City 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.
(b) Sales Near Day-Care Center or Child-Care Facility.
(1) This Section applies only to a permit or license holder under Chapter 25 (wine and beer retailer’s permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail dealer’s on-premise license), or 74 (brewpub license) of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate.
(2) Except as provided by this Section 14.16(a) [(b)], the provisions of Section 14.16(a) of this Ordinance relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Texas Human Resources Code.
(3) This section does not apply to a permit or license holder who sells alcoholic beverages if:
(a) The permit or license holder and the day-care center or child-care facility are located on different stories of a multi-story building; or
(b) 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 multi-story building.
(4) This section does not apply to a family home, specialized child-care home, or agency foster homes as those terms are defined by Section 42.002, Texas Human Resources Code.
(c) Beer Sales.
(1) Beer sales are not permitted in residential zoning districts.
(d) Signs, Banners and Hours of Operation.
(1) Signs (including banners) specifically related to the sale of alcoholic beverages shall be governed by the Texas Alcoholic Beverage Code, as amended, and any applicable Texas Alcoholic Beverage Commission regulations, as amended. Any applicable City sign regulations shall also govern signage, without regard to content.
(2) The hours of operation, including days of the week and open and closing times, shall be as governed by the Texas Alcoholic Beverage Code, as amended, and any applicable Texas Alcoholic Beverage Commission regulations, as amended.
