06-C Alcoholic Beverages Ord - Laserfiche WebLink

Home Browse Search

AGENDA INFORMATION SHEET PROJECT: Ordinance regulating the sale of alcoholic beverages adjacent to schools, churches, hospitals, daycare centers and child-care facilities. BACKGROUND: The State of Texas vests authority to regulate the sale and distribution of alcoholic beverages in the Texas Alcoholic Beverage Commission ("the Commission"). In very limited instances, the State has conferred on local authorities certain rights to enact such regulations. Under the Texas Alcoholic Beverage Code ("the Code") Sections 109.33 and 109.331, the State has granted municipalities the authority to regulate by ordinance the sale of alcoholic beverages within 300 feet of churches, schools, hospitals and child care centers. The only such regulation currently in effect in the City of Paris is found in the zoning ordinance, Sections 12-102 and 12-103, which sections prohibit the issuance of specific use permits to package stores and grocery stores which sell wine and beer within 300 feet of any church, public school, public hospital, or public park. Since Paris is "dry," and thus there are no such business within the City, the zoning ordinance has no practical effect. Nor does it apply to private clubs, which are the sole legal outlets for the distribution of alcoholic beverages in the City. DESCRIPTION: The attached proposed ordinance creates an offense punishable by a fine of up to $2,000.00 for a dealer to sell alcoholic beverages or mixed beverages from a place of business within 300 feet of any church, public school, private school (defined as a private school that has more than 100 students and that offers courses for one or more grade from kindergarten through grade 12), public hospital, day-care center or child-care center. The governing body of a private school (as defined) may petition the Council to extend the boundary to 1,000 feet from the private school. The ordinance tracks statutory language with respect to definitions, rules for measuring distances and certain exceptions. While under the Code, private clubs merely "serve," rather than "sell" alcoholic beverages, Section 109.331, in limiting the types of permits issued by the Commission which can be regulated with respect to distances from child-care facilities, specifically states that the regulations do apply to businesses holding private club permits. By implication, the regulations will also apply to the other listed institutions as there is no such limiting language in 109.33 (sales near schools, churches and hospitals). The ordinance, as per state law, essentially grandfathers in existing businesses. Chief of Police Karl Louis believes that the proposed ordinance "allows the minimum safe distance for the safety, health and welfare of our citizens and children who might be in close proximity to an establishment which sells alcoholic beverages. This is an already recognized standard established by the state." RECOMMENDED ACTION: Consideration and adoption of the attached proposed ordinance. STAFF CONTACT: Chief Karl Louis; Stephanie H. Harris, Assistant City Attorney; Larry W. Schenk, City Attorney COST: There is no cost associated with the adoption and enforcement of this ordinance. The ordinance will merely provide another tool to law enforcement to combat the higher incidence of crime associated with areas in which alcoholic beverages are available. The cost of enforcement will be absorbed in the expense of enforcing state law and ordinances generally. COUNCIL DATE: Consider at City Council's November 12, 2001, regular meeting. ADDITIONAL MATERIALS: Attached draft ordinance; attached memorandum of Chief Louis.