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"Sec. 3-4. Proximity of establishments selling alcoholic beverages to churches, <br />schools, etc., regulated; penalty for violation. <br /> <br />"(a) Definitions. For the purposes of this section, the following terms, phrases, <br />words and their derivations shall have the meaning prescribed to them in this <br />subsection: <br /> <br />"(1) Alcohohc beverage means alcohol and any beverage containing <br />more than one-half of one percent of alcohol by volume which is <br />capable of use for beverage purposes, either alone or when diluted. <br /> <br />"(2) Dealer means and refers to any natural person or association of <br />natural persons, trustee, receiver, partnership, corporation or other <br />organization holding a permit for the sale of alcoholic beverages or <br />mixed beverages under the state alcoholic beverage code and any <br />manager, agent, servant, or employee of any of them. <br /> <br />"(3) Mixed beverage means one or more servings of a beverage <br />composed in whole or part of an alcoholic beverage in a sealed or <br />unsealed container of any legal size for consumption on the premises <br />where served or sold by the holder of a mixed beverage permit, the <br />holder of a daily temporary mixed beverage permit, the holder of a <br />caterer's permit, or the holder of a private club registration permit. <br /> <br />"(4) Day-care center means a child-care facility that provides <br />for more than 12 children under 14 years of age for less than <br />24 hours a day. <br /> <br />"(5) Child-care facifity means a facility licensed, certified, or <br />registered by the Texas Department of Human Resources to provide <br />assessment, care, training, education, custody, treatment, or <br />supervision for a child who is not related by blood, marriage, or <br />adoption to the owner or operator of the facility, for all or part of the <br />24-hour day, whether or not the facility is operated for profit or <br />charges for the services it offers. <br /> <br />"(6) Private school means a private school, including a parochial <br />school, that: <br /> <br />"(A) offers a course of instruction for students in one or more <br />grades from kindergarten through grade 12; and <br /> <br />-2- <br /> <br /> <br />