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<br />"(E) a license or permit covering a premise where minors are <br />prohibited from entering under Section 109.53 of the alcoholic <br />beverage code and that is located within 1,000 feet of a private <br />school. <br /> <br />"(2) Subsection (b)(1) does not apply to the holder of the following permits <br />or licenses issued under the Texas Alcoholic Beverage Code: <br /> <br />"(A) a license or permit who also holds a food and beverage <br />certificate covering a premise that is located within 300 feet of a <br />private school; or <br /> <br />"(B) a license or permit covering a premise where minors are <br />prohibited from entering under Section 109.53 of the alcoholic <br />beverage code and that is located within 300 feet of a private school. <br /> <br />"(g) Application to existing businesses. Application to businesses in existence at <br />the time of the effective date of this ordinance which are holders of the following <br />permits or licenses issued under the Texas Alcoholic Beverage Code: <br /> <br />"(1) A premises which has a valid alcoholic beverage permit or license as of the <br />effective date of this ordinance shall be deemed to satisfy the distance requirements <br />set forth herein and for all subsequent renewals of the license or permit as well. <br /> <br />"(2) On the sale or transfer ofthe premises or the business on the premises in which <br />a new original license or permit is required for the premises, the premises shall be <br />deemed to satisfy any distance requirements as if the issuance of the new original <br />permit or license were a renewal of a previously held permit or license. <br /> <br />"(h) Penalties. Any person violating the terms and provisions of this chapter shall be <br />deemed guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand <br />dollars ($2,000.00). Each day that such violation continues shall be a separate offense. This <br />penalty shall be cumulative of all other remedies. Such violation shall be deemed a violation <br />of a provision governing zoning and public health." <br /> <br />Section 3. That it is hereby declared to be the intention of the City Council of the City of <br />Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable <br />and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared <br />unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such <br />unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or <br />sections of this ordinance, and such remaining provisions shall remain in full force and effect. <br /> <br />-5- <br />