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facility is located on the second story or higher of a multistory <br />building. <br />(d) Distance measurements. The measurement of the distance between <br />such place of business where alcoholic beverages are sold and any church or <br />public hospital shall be along the property lines of the street fronts and from <br />front door to front door, and in direct line across intersections. The <br />measurement of distance between such place of business where alcoholic <br />beverages are sold and a public or private school, day-care or child-care <br />facility shall be: <br />(1) in a direct line from the property line of the public or private <br />school or child care facility to the property line of the place of <br />business, and in a direct line across intersections; or <br />(2) if the place of business where alcoholic beverages are sold is <br />located on or above the fifth story of a multistory building, in a <br />direct line from the property line of the public or private school <br />to the property line of the place of business, in a direct line <br />across intersections, and vertically up the building at the <br />property line to the base of the floor on which the place of <br />business where alcoholic beverages are sold is located. <br />(e) Variances. The City Council may allow variances to the distance <br />regulation as stated herein if the City Council determines that enforcement of <br />such regulation in a particular instance is not in the best interest of the <br />public, constitutes waste or inefficient use of land or other resources, creates <br />an undue hardship on an applicant for a license or permit, does not serve its <br />intended purpose, is not effective or necessary, or for any other reason the <br />city council, after consideration of the health, safety and welfare of the public <br />and the equities of the situation, determines is in the best interest of the <br />community. <br />(o Other exceptions. <br />(1) Subsection (b)(2) does not apply to the holder of the following <br />permits or licenses issued under the Texas Alcoholic Beverage <br />Code: <br />a. a retail on-premises consumption permit or license if less <br />than 50 percent of the gross receipts for the premises is <br />from the sale or service of alcoholic beverages; <br />b. a retail off-premises consumption permit or license if less <br />than 50 percent of the gross receipts for the premises, <br />excluding the sale of items subject to the motor fuels tax, is <br />from the sale or service of alcoholic beverages; <br />-4- <br />~ i!~)r~l~~ <br />