§ 115.07  SALE OF ALCOHOLIC BEVERAGES PROHIBITED NEAR PRIVATE SCHOOLS, DAY-CARE CENTERS AND CHILD-CARE FACILITIES; EXCEPTION.
   (A)   It shall be unlawful for any holder of a wine and beer retailer’s permit, mixed beverage permit, private club registration permit, retail dealer’s on-premise license, or brew pub license who does not hold a food and beverage certificate to sell alcoholic beverages from, or at, a place of business within this city within 300 feet of a day-care center or child-care facility.
   (B)   This section does not apply to a permit or license holder who sells alcoholic beverages if:
      (1)   The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or
      (2)   The permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or childcare facility is located on the second story or higher of a multistory building.
   (C)   This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Tex. Human Resources Code, § 42.002.
   (D)   The measurement of the distance between the place of business where alcoholic beverages are sold and the day-care center or child-care facility shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections from the private school, day-care center or childcare facility to the place of business where alcoholic beverages are sold.
(Ord. O-12-737, passed 5-21-2012)  Penalty, see § 115.99