(A) An establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located within 1,000 feet of a public school, private school, church, day-care center or child-care facility, as those terms are described in the TABC. The measurement of the distance between such an establishment 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. The measurement of the distance between such establishment and the public school, private school, day-care center, or child-care facility 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.
(B) An establishment that derives 75% or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premises consumption may not be located closer than 1,000 feet to an existing establishment that derives 75% or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages. The measurement of the distance between said establishments shall be in a straight line from the nearest point on the property line of such existing establishment to the nearest point on the property line of such other establishment. For the purposes of this subsection, the term "existing establishment that derives 75% or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages" or "existing establishment" means an establishment that is in lawful operation and that: (1) holds a current and valid certificate of occupancy; (2) holds a valid and current permit and/or license if required under the TABC for such operation; and (3) holds a current permit from the city and is current on any fees required under this chapter.
(Ord. 1110, passed 11-13-18)