§ 14-261. Regulations prohibiting sale of alcoholic beverages near a church, public or private school, or public hospital.

(a)

It shall be unlawful for any person or entity who is engaged in the business of selling alcoholic beverages to sell the same at a place of business that is within 300 feet of a church, public or private school, or public hospital.

(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.

(c)

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.

(d)

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 and the Texas Alcoholic Beverage Commission. A copy of the notice must be submitted to the city and the Texas Alcoholic Beverage Commission with the application. This subsection does not apply to a permit or license covering a location where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code § 109.53.

(e)

Subsection (a) does not apply to the holder of a license or permit covering a premise that is located within 300 feet of a private school if the permit holder also holds a food and beverage certificate for the covered premise or if the permit covers a premise where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53.

In this subsection, "private school" means a private school, including a parochial school, that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and has more than 100 students enrolled and attending courses at a single location.

(f)

To the extent applicable under V.T.C.A., Alcoholic Beverage Code § 109.331, the provisions of subsection (a) relating to a public school also apply to a day-care center and child-care facility as those terms are defined in V.T.C.A., Human Resources Code § 42.002.

(g)

As authorized by V.T.C.A., Alcoholic Beverage Code § 109.33, the city council may allow a variance to this article if it determines that the enforcement of the regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land and resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community.

(1)

No variance may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet of the location of the place of business seeking a variance.

(2)

The notice must be provided, not less than ten days before the date set for hearing, to all such owners who have rendered their property for city taxes, as the ownership appears on the last approved city tax roll.

(h)

Each application for a variance shall be accompanied by a non-refundable application fee in the amount set forth in the city's fee schedule, as it may be amended.

(Ord. No. 2012-18, § 1, 10-16-12)