(A) Churches and public hospitals.
(1) The sale of alcoholic beverages within 300 feet of a church or public hospital is hereby prohibited.
(2) 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 a direct line across intersections.
(B) Public and private schools.
(1) The sale of alcoholic beverages within 300 feet of a public or private school is hereby prohibited.
(2) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be 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.
(C) Responsibility for measurements. The Development Services Division of the city shall be responsible for the measurement of distances under this section.
(D) Exceptions. The above regulations prohibiting the sale of alcoholic beverages within specified distances from churches, public hospitals and public and private schools are subject to any and all conditions and exceptions established in the Tex. Alcoholic Beverage Code.
(E) Notices. 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 division does not apply to a permit or license covering a location where minors are prohibited from entering the premises under Tex. Alcoholic Beverage Code § 109.53.
(F) (1) The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or that a previous permit was issued for the premises in error and enforcement of the regulation would be inequitable, 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. No variance may be granted under this division (F) except after a public hearing for which notice has been given not less than ten days prior to the hearing date both in the official city newspaper and by regular United States mail to property owners within 300 feet of the place of business which requests a variance. The notice shall be sent to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. The notice area for a variance request relating to a public hospital or church shall be measured in a direct line from the front door of the place of business. The notice area for a variance request relating to a public or private school shall be measured in a direct line from the property line of the place of business.
(2) When an application has been denied by the City Council or when the applicant has withdrawn a request after the giving of public notice, no new application for a variance shall be accepted by the city or scheduled for a hearing within a period of 12 months from the date of a denial or withdrawal unless the variance request is denied without prejudice.
(3) The fee for application shall be $330.
(4) The Zoning Board of Adjustment shall have no jurisdiction to grant a variance from any of the regulations established in this chapter.
(5) Notwithstanding any other provision in this section, a variance is hereby granted to allow the sale of alcoholic beverages within 300 feet of a church at any premise covered by a permit or license for the sale of alcoholic beverages by the holder of a food and beverage certificate if the premises is located in the original downtown overlay district as defined in § 155.2, 2.04.B. of the zoning code.
(Ord. 05-2009-31, passed 5-26-09; Am. Ord. 08-2009-50, passed 8-11-09; Am. Ord. 06-2018-48, passed 6-26-18) Penalty, see § 120.99