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(5) Mixed beverage means one or more servings of a beverage <br />composed in whole or part of an alcoholic beverage in a sealed <br />or unsealed container of any legal size for consumption on the <br />premises where served or sold by the holder of a mixed <br />beverage permit, the holder of a daily temporary mixed beverage <br />permit, the holder of a caterer's permit, or the holder of a private <br />club registration permit. <br />(6) Private school means a private school, including a parochial <br />school, that: <br />a. offers a course of instruction for students in one or more <br />grades from kindergarten through grade twelve (12); and <br />b. has more than one hundred (100) students enrolled and <br />attending courses at a single location. <br />(b) Sale unlawful. It shall be unlawful and an offense for any dealer within <br />the corporate limits of the city to sell from a place of business an alcoholic <br />beverage or mixed beverage within: <br />(1) 300 feet of any church, public or private school, public hospital, <br />day-care center or child-care facility; or <br />(2) 1,000 feet of a private school if the City Council receives a <br />request from the governing body of the private school. <br />(c) Special exceptions, day-care centers and child-care facilities. The <br />restrictions contained herein with respect to day-care centers and child-care <br />facilities apply only to a permit or license holder under the Texas Alcoholic <br />Beverage Code, Chapter 25 (wine and beer retailer's off-premise permit); <br />Chapter 28 (mixed beverage permit); Chapter 32 (private club registration <br />permit); Chapter 69 (retail dealer's on-premise permit); or Chapter 74 <br />(brewpub license) who does not hold a food and beverage certificate. Said <br />restrictions with respect to day-care centers and child-care facilities do not <br />apply to a foster group home, foster family home, family home, agency group <br />home, or agency home as those terms are defined by Section 42.002, Texas <br />Human Resources Code. The restrictions herein with respect to day-care <br />centers and child-care facilities do not apply to a permit or license holder <br />under the Texas Alcoholic Beverage Code, who sells alcoholic beverages if: <br />(1) the permit or license holder and the day-care center or child- <br />care facility are located on different stories of a multistory <br />building; or <br />(2) the permit or license holder and the day-care center or child- <br />care facility are located in separate buildings and either the <br />permit or license holder or the day-care center or child-care <br />-3- <br /> <br />