(A) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any church or public hospital. 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.
(B) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any public or private school. The measurement of the distance between the place of business where alcoholic beverages are sold and the 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 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) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any existing day-care or child-care facility. The measurement of the distance between the place of business and the day-care center or child-care facility shall be in a direct line from the property line of the day-care or child-care facility to the property line of the place of business, and in a direct line across intersections. For the purposes of this chapter "day-care center" and "child-care facility" have the meanings defined under § 42.002, Texas Human Resources Code.
(D) Subsection (C) of this section only applies to a permit or license holder under Chapter 25, 28, 32, 69, or 74 of the TABC who does not hold a food and beverage certificate. Said subsection (C) 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 child-care facility is located on the second story or higher of a multistory building.
(Ord. 1110, passed 11-13-18)