2001-073-ORD ADOPTING SECTION 3-4 TO CHAPTER 3 OF CODE OF ORDINANCES OF COP ENTITLED "PROXIMITY OF ESTABLISHMENTS SELLING BEVERAGES TO CHURCHES, SCHOOLS, ETC"

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"(b) Sale unlawful. It shall be unlawful and an offense for any dealer within the corporate limits ofthe city to sell from a place of business an alcoholic beverage or mixed beverage within: "(1) 300 feet of any church, public or private school, public hospital, day- care center or child-care facility; or "(2) 1,000 feet of a private school if the City Council receives a request from the governing body of the private school. "(c) Special exceptions, day-care centers and child-care facilities. The restrictions contained herein with respect to day-care centers and child-care facilities apply only to a permit or license holder under the Texas Alcoholic Beverage Code, Chapter 25 (wine and beer retailer's off-premise permit); Chapter 28 (mixed beverage permit); Chapter 32 (private club registration permit); Chapter 69 (retail dealer's on-premise permit); or Chapter 74 (brewpub license) who does not hold a food and beverage certificate. Said restrictions with respect to day-care centers and child-care facilities do not apply 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, Texas Human Resources Code. The restrictions herein with respect to day-care centers and child- care facilities do not apply to a permit or license holder under the Texas Alcoholic Beverage Code, 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. "(d) Distance measurements. The measurement ofthe distance between such place of business where alcoholic beverages are sold and any church or public hospital shall be along the property lines ofthe street fronts and from front door to front door, and in direct line across intersections. The measurement of distance between such place of business where alcoholic beverages are sold and a public or private school, day-care or child-care facility shall be: "(1) in a direct line from the property line of the public or private school or child care facility to the property line of the place of business, and in a direct line across intersections; or -3-