Alcoholic Beverage Information

Alcoholic Beverage Establishment:

(A)     Alcoholic beverage establishments shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local option elections.

(B)     An alcoholic beverage establishment is permitted only by specific use permit.

(C)     An alcoholic beverage establishment shall be subject to the requirements of article 4.02 “alcoholic beverages” of this code.

Sec. 4.02.001     Sale near church, school or hospital
(a)     No person may sell alcoholic beverages if the place of business is within:
(1)     300 feet of a church, public or private school, or public hospital, except that this subsection does not apply to the holder of a license or permit who also holds a food and beverage certificate covering a premises that is located within 300 feet of a private school;
(2)     300 feet of a day-care or a child-care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code, if the person is the holder of a permit or license under chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate, except that this subsection does not apply:
(A)     If the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building or 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; or
(B)     To a foster group home, foster family home, family home, agency group home, or agency home, as those terms are defined by section 42.002 of the Texas Human Resources Code.
(b)     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 direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold 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 school, private school, day-care center, or child-care facility 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.
(Ordinance adopting Code)
(c)     Every application 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 in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a place of business where alcoholic beverages are sold to the nearest property line of the school, 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 commission with the application. This subsection (c) does not apply to a permit or license covering premises where minors are prohibited from entering the premises under section 109.53 [of the Alcoholic Beverage Code]. This subsection (c) does not apply for public or private hospital, public or private school or church use applications within the distance regulations as set forth in this section from an existing establishment which sells alcoholic beverages.
(d)     Variances to this section may be granted by the town council if the town council determines that enforcement of the regulation 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 council, 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.

(D)     If at the time an original alcoholic beverage permit or license is granted by the Texas Alcoholic Beverage Commission for a premises, the premises satisfies the requirement regarding distance from public schools, private schools, churches, public hospitals, and/or residential zoning districts, then the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.