§ 116.07  RESTRICTION ON LOCATIONS OF PLACES OF BUSINESS.
   (A)   The sale of alcoholic beverages for off-premise consumption is not permitted within 300 feet of:
      (1)   A church, public school, or public hospital; or
      (2)   A private school that offers a course of instruction for students in one or more grades from kindergarten through grade 12 and which has more than 100 students enrolled and attending courses at the location in question.
   (B)   The sale of alcoholic beverages is not permitted within 300 feet of a “day-care center” or a “child-care facility” as those terms are defined by Tex. Human Resources Code § 42.002. This provision only applies to a place of business selling alcoholic beverages pursuant to a permit issued by the TABC under Tex. Alcoholic Beverage Code Chapters 25, 28, 32, 69 or 74, and which does not also hold a food and beverage certificate from the TABC.
   (C)   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.
   (D)   The measurement of the distance between a place of business where alcoholic beverages are sold and a 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 place of business 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, and in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the place of business is located.
   (E)   The measurement of the distance between the place of business where alcoholic beverages are sold and a day-care center or a child-care facility shall be calculated in the same manner as used for a public or private school, with the following exceptions (in which event the place of business in question is exempted from the distance requirements):
      (1)   The place of business selling alcoholic beverages and the day-care center or child-care facility are located on different stories of a multistory building; or
      (2)   The place of business selling alcoholic beverages and the day-care center or child-care facility are located in separate buildings and either the place of business selling alcoholic beverages or the day-care center or child-care facility is located on the second story or higher of a multistory building.
   (F)   Variance for alcohol sales.
      (1)   The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance:
         (a)   Is not in the best interests of the public;
         (b)   Constitutes waste or inefficient use of land or other resources;
         (c)   Creates an undue hardship on the applicant for a license or permit;
         (d)   Does not serve its intended purpose, is not effective or necessary; or
         (e)   Would be inequitable because a previous permit was issued for the premises in error.
      (2)   The City Council may allow a variance to this section 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.
      (3)   No variance may be granted under this division (F) except after a public hearing for which notice has been given. Notice of a request for a variance from the distance requirements of this section  shall be given to owners of property within 300 feet of the business. The notice area for a variance request relating to a church or public hospital 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. The notice shall be sent via regular United States mail not less than ten days before the date set for hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll.
      (4)   The City Council may assess a reasonable fee for the administrative costs associated with processing a variance request under this division (F).
(Ord. 120417C, passed 4-17-2012)  Penalty, see § 116.99