Laserfiche WebLink
<br />"(2) if the place of business where alcoholic beverages are sold is located on <br />or above the fifth story of a multistory building, in a direct line from the <br />property line ofthe public or private school to the property line of the place <br />of business, in a direct line across intersections, and vertically up the building <br />at the property line to the base of the floor on which the place of business <br />where alcoholic beverages are sold is located. <br /> <br />"( e) Variances. The City Council may allow variances to the distance regulation as <br />stated herein if the City Council determines that enforcement of such regulation in <br />a particular instance is not in the best interest of the public, constitutes waste or <br />inefficient use ofland or other resources, creates an undue hardship on an applicant <br />for a license or permit, does not serve its intended purpose, is not effective or <br />necessary, or for any other reason the city council, after consideration of the health, <br />safety and welfare ofthe public and the equities of the situation, determines is in the <br />best interest of the community. <br /> <br />"(f) Other exceptions. <br /> <br />"(1) Subsection (b)(2) does not apply to the holder of the following permits <br />or licenses issued under the Texas Alcoholic Beverage Code: <br /> <br />"(A) a retail on-premises consumption permit or license if less than <br />50 percent of the gross receipts for the premises is from the sale or <br />service of alcoholic beverages; <br /> <br />"(B) a retail off-premises consumption permit or license ifless than <br />50 percent of the gross receipts for the premises, excluding the sale <br />of items subject to the motor fuels tax, is from the sale or service of <br />alcoholic beverages; <br /> <br />"(c) a wholesaler's, distributor's, brewer's, distiller's and rectifier's, <br />winery, wine bottler's or manufacturer's permit or license, or any <br />other license or permit held by a wholesaler or manufacturer as those <br />words are ordinarily used or understood. <br /> <br />"(D) a license or permit issued under Chapter 27 (temporary and <br />special wine and beer retailer' s permits); Chapter 31 (caterer's <br />permit); or Chapter 72 (temporary licenses) ofthe alcoholic beverage <br />code who is operating on the premises of a private school; or <br /> <br />-4- <br />