(A) Prohibition on sale of alcoholic beverages. It shall be unlawful for any person to sell either wholesale or retail, any alcoholic beverage (as defined by the Tex. Alcoholic Beverage Code) within 300 feet of a church, public school, private school, or public hospital.
(B) Measuring distance.
(1) Church or public hospital. The measurement of the distance between the place of business where the alcoholic beverage is 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.
(2) Public or private schools. The measurement of the distance between the place of business where the alcoholic beverage is sold and the public or private school shall be:
(a) 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
(b) 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.
(C) TABC controls. In the event of a conflict between the method of measuring distance set forth in this chapter and set forth in TABC § 109.33, as amended, the measurement set forth in the TABC shall control.
(Ord. 2012-010, passed 11-16-2012) Penalty, see § 113.99