§ 4-2. General requirements.

(a)

Churches and public hospitals. The sale of alcoholic beverages by a dealer whose place of business is within three hundred (300) feet of a church or public hospital is prohibited.

(b)

Public and private schools within three hundred (300) feet. The sale of alcoholic beverages by a dealer whose place of business is within three hundred (300) feet of a public school or a "private school" as that term is defined in V.T.C.A., Alcoholic Beverage Code § 109.33, is prohibited. This section does not apply to the holder of:

(1)

A license or permit who also holds a food and beverage certificate covering a premises that is located within three hundred (300) feet of a private school; or

(2)

A license or permit covering a premises where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53, and that is located within three hundred (300) feet of a private school.

(c)

Day care centers and child care facilities. The sale of alcoholic beverages by a dealer whose place of business is within three hundred (300) feet of a day care center or child care facility, as those terms are defined by V.T.C.A., Human Resources Code § 42.002 is prohibited.

(1)

This section does not apply to a permit or license holder who sells alcoholic beverages if:

a.

The permit or license holder and the day care center or child care facility are located on different stories of a multistory building; or

b.

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.

(2)

This section applies only to a permit or license holder under the following chapters of the V.T.C.A., Alcohol Beverage Code Ch. 25 (Wine and Beer Retailer's Permit), Ch. 28 (Mixed Beverage Permit), Ch. 32 (Private Club Registration Permit), Ch. 69 (Retail Dealer's On-Premises License), or Ch. 74 (Brewpub License) who does not hold a food and beverage certificate.

(3)

This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by V.T.C.A., Human Resources Code § 42.002.

( Ord. No. 1502 , § 1, 9-22-14)