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(A) It shall be unlawful for any dealer to sell alcoholic beverages from or at a place of business within this city within 300 feet of a church, private school, or public hospital.
(B) This section does not apply to the holder of:
(1) A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a private school; or
(2) A license or permit covering a premise where minors are prohibited from entering under Tex. Alcoholic Beverage Code, § 109.53 and that is located within 300 feet of a private school.
(C) 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.
(D) The measurement of the distance between the place of business where alcoholic beverages are sold and the private school shall be:
(1) 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; 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.
(E) The City Council may allow a variance from the requirements of this section if the Council determines that enforcement of this section in a particular instance:
(1) Is not in the best interest of the public;
(2) Constitutes waste or inefficient use of land or other resources;
(3) Creates an undue hardship on an applicant for a license or permit;
(4) Does not serve its intended purpose;
(5) Is not effective or necessary; or
(6) 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 city.
(Ord. O-12-737, passed 5-21-2012) Penalty, see § 115.99