§ 6-21. Restrictions.

(a)

Location restrictions. Sale of alcoholic beverages in the following locations is restricted:

(1)

Residential areas. The sale of beer and wine in residential areas of the city is prohibited, in accordance with the state alcoholic beverage code.

(2)

Churches and public hospitals. The sale of alcoholic beverages within 300 feet of a church or public hospital is prohibited. The measurement of the distance between the place of business where alcoholic beverages are sold and a 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.

(3)

Daycare center or childcare facility. The sale of alcoholic beverages within 300 feet of a daycare center or a childcare facility is prohibited. The measurement of the distance between the place of business where alcoholic beverages are sold and a daycare center or childcare facility, as those terms are defined by V.T.C.A., Human Resources Code § 42.002, shall be in a direct line from the property line of the daycare center of childcare facility to the property line of the place of business, and in a direct line across intersections.

(4)

Public schools. The sale of alcoholic beverages within 300 feet of a public school is prohibited. The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections.

(5)

Private schools. The sale of alcoholic beverages within 300 feet of a private school is prohibited if the city council receives a request from the governing body of the private school to extend the distance requirement from 300 feet to 1,000 feet. The measurement of the distance between the place of business where alcoholic beverages are sold and a private school shall be in a direct line from the property line of the private school to the property line of the place of business, and in a direct line across intersections.

(b)

Notice to schools required. 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 commission. A copy of the notice must be submitted to the commission 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.

(c)

Exceptions; variances. The regulations of this section are subject to any and all conditions and exceptions established in the state alcoholic beverage code. In addition, the city council may allow variances to the distance regulations of this section if the council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the 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.

(Code 1994, §§ 4.103, 4.104; Ord. No. 458-08, § 1, 10-13-2008; Ord. No. 511, § 2, 3-14-2011)