(A) Restrictions. It shall be unlawful for any person to sell or engage in the business of selling alcoholic beverages within the city, where the place of business of the person is situated:
(1) Within 300 feet of any church, public school or public hospital; and/or
(2) Within 1,000 feet of a public school if the City Commission receives a request from the board of trustees of a school district pursuant to Tex. Education Code § 38.007.
(B) Measurement of distance. 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 a direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections.
(C) Notice to State Alcoholic Beverage Commission. Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public school before filing the application with the State Alcoholic Beverage Commission. A copy of the notice must be submitted to the State Alcoholic Beverage Commission with the application. This division (C) does not apply to a permit or license covering premises where minors are prohibited from entering the premises under Tex. Alcoholic Beverage Code § 109.53.
(D) Existing businesses. As to any dealer who held a license or permit on 9-1-1983, in a location where a regulation under this section was in effect on that date, for purposes of division (A) above, but not division (C) above, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(E) Variances. The City Commission may allow variances to division (A) above if it determines that enforcement of division (A) above 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 license or permit, does not serve its intended purpose or is not effective or necessary, or for any other reason the City Commission, 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.
(F) Exceptions. Division (A)(2) above does not apply to the holder of:
(1) A retail on-premises consumption permit or license if less than 50% of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(2) A retail off-premises consumption permit or license if less than 50% of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or
(3) A wholesaler’s, distributor’s, brewer’s, distiller’s and rectifier’s, winery, wine bottlers’ or manufacturer’s permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in Tex. Alcoholic Beverage Code § 102.01.
(1998 Code, § 10-2) Penalty, see § 119.99