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"(1) in a direct line from the property line of the public or private school or <br />child care facility to the property line of the place of business, and in a direct <br />line across intersections; or <br /> <br />"(2) if the place of business where alcoholic beverages are sold is located on <br />or above the fifth story of a multistory building, in a direct line from the <br />property line of the public or private school to the property line of the place <br />of business, in a direct line across intersections, and vertically up the building <br />at the property line to the base of the floor on which the place of business <br />where alcoholic beverages are sold is located. <br /> <br />"(e) Variances. The City Council may allow variances to the distance regulation as <br />stated herein if the City Council determines that enforcement of such regulation in a <br />particular instance is not in the best interest of the public, constitutes waste or <br />inefficient use of land or other resources, creates an undue hardship on an applicant <br />for a license or permit, does not serve its intended purpose, is not effective or <br />necessary, or for any other reason the city council, after consideration of the health, <br />safety and welfare of the public and the equities of the situation, determines is in the <br />best interest of the community. <br /> <br />"(f) Other exceptions. <br /> <br />"(1) Subsection (b)(2) does not apply to the holder of the following permits <br />or licenses issued under the Texas Alcoholic Beverage Code: <br /> <br />"(A) a retail on-premises consumption permit or license if less than 50 <br />percent of the gross receipts for the premises is from the sale or <br />service of alcoholic beverages; <br /> <br />"(B) a retail off-premises consumption permit or license if less than <br />50 percent of the gross receipts for the premises, excluding the sale of <br />items subject to the motor fuels tax, is from the sale or service of <br />alcoholic beverages; <br /> <br />"(c) a wholesaler' s, distributor' s, brewer' s, distiller' s and rectifier' s, <br />winery, wine bottler's or manufacturer's permit or license, or any <br />other license or permit held by a wholesaler or manufacturer as those <br />words are ordinarily used or understood. <br /> <br />"(D) a license or permit issued under Chapter 27 (temporary and <br />special wine and beer retailer's permits); Chapter 31 (caterer's permit); <br />or Chapter 72 (temporary licenses) of the alcoholic beverage code <br />who is operating on the premises of a private school; or <br /> <br />-4- <br /> <br /> <br />