(A) Sales of alcoholic beverages are further prohibited within:
(1) Three hundred feet of a church, public school or public hospital or a private school having 50 or more regular students or day care/child care facility having ten or more in its care;
(2) One thousand feet of a public school, if the City Council receives a request from the Board of Trustees of the School District under Tex. Education Code § 38.007; and/or
(3) One thousand feet of a private school if the City Council receives a request from the governing body of the private school.
(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 places 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 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 holder is located.
(D) The City Council may allow variances to the regulation(s) under division (A) above if the Council determines that enforcement of the regulation(s) 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 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.
(1) Applications for variances shall be made to the City Secretary. The application fee of $200 shall be paid at the time the application is made.
(2) The request for variance shall first be considered by the Planning and Zoning Commission, with final approval/denial being made by the City Council.
(2012 Code, § 19-78) Penalty, see § 10.99