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(A) Churches and schools. It shall be unlawful for any person to sell or engage in the business of selling beer within the city, where the place of business of such person is situated within 300 feet of any church or school, the measurement of such distance for each church or school to be in the manner specified in the Alcoholic Beverage Code as it now exists or may hereafter be amended. As used herein, the term SCHOOL does not include any educational institution offering a course of study beyond the twelfth grade. As provided in the Alcoholic Beverage Code, the City Council may grant a variance to this provision if the City Council determines that enforcement of this provision 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 or an applicant for a license or permit, does not serve its intended purpose is not effective or necessary, or for any other reason the City 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.
(B) Public parks generally; other public property.
(1) It shall be and is hereby declared to be unlawful for any person, firm, or corporation to sell, or offer for sale, any intoxicating beverage, for con-sumption on the premises, whenever such premises from which same is sold or offered for sale, lies within 200 feet of any property line of any public park within the incorporated city limits. Further, it shall be, and is declared to be unlawful for any person, firm, or corporation to sell or offer for sale any intoxicating beverage in or upon any public park, right-of-way, or other public property of the city, without the consent of the City Council.
(2) The public park situated between East and West Park Avenue and any area contiguous thereto is hereby excluded from the prohibition contained in division (B)(1) of this section.
(‘68 Code, § 5-2(a),(b)(1),(c)(1),(2)) (Ord. 79, passed 9-11-33; Am. Ord. 1409, passed 11-6-78; Am. Ord. 1410, passed 11-6-78; Am. Ord. 1605, passed 9-30-85; Am. Ord. 2010-2269, passed 12-6-10) Penalty, see § 10.99
Authority to restrict location of sale of beer, intoxicating liquor, see Tex. Alco. Bev. Code §§ 109.32 and 109.33