2001-073-ORD ADOPTING SECTION 3-4 TO CHAPTER 3 OF CODE OF ORDINANCES OF COP ENTITLED "PROXIMITY OF ESTABLISHMENTS SELLING BEVERAGES TO CHURCHES, SCHOOLS, ETC"
ORDINANCE NO. 2001-073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ADOPTING SECTION 3-4 TO CHAPTER 3 OF THE CODE
OF ORDINANCES OF THE CITY OFP ARIS, ENTITLED "PROXIMITY OF
ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES TO
CHURCHES, SCHOOLS, ETC., REGULATED; PENAL TY FOR
VIOLATION"; PROVIDING FORA PENALTY NOT TO EXCEED $2,000.00;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Alcoholic Beverage Code provides in Sections 109.33 and 109.331
that a municipality may enact regulations prohibiting the sale of alcoholic beverages by a dealer
whose place of business is within 300 feet of a church, public school, public hospital, day-care center
or child-care facility;
WHEREAS, there is an increased incidence of criminal activity, including but not limited
to disorderly conduct, assault, public intoxication, driving while intoxicated, robbery and other
criminal offenses, in the immediate vicinity of establishments which sell and/or serve alcoholic
beverages;
WHEREAS, said increased incidence of criminal activity unduly endangers children and
other individuals in the vicinity of establishments which sell or serve alcoholic beverages; and
WHEREAS, in the opinion oflaw enforcement officials, 300 feet is the minimum distance
necessary to protect children and other citizens who use or attend churches, public schools, public
hospitals, day-care centers and child-care centers from said increased criminal activity; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Section 3-4 of Chapter 3 of the Code of Ordinances of the City of Paris,
Paris, Texas, be, and the same is hereby adopted, to read as:
"Sec. 3-4. Proximity of establishments selling alcoholic beverages to churches,
schools, etc., regulated; penalty for violation.
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"(a) Definitions. For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning prescribed to them in this
subsection:
"(1) Alcoholic beverage means alcohol and any beverage containing
more than one-half of one percent of alcohol by volume which is
capable of use for beverage purposes, either alone or when diluted.
"(2) Dealer means and refers to any natural person or association of
natural persons, trustee, receiver, partnership, corporation or other
organization holding a permit for the sale of alcoholic beverages or
mixed beverages under the state alcoholic beverage code and any
manager, agent, servant, or employee of any of them.
"(3) Mixed beverage means one or more servings of a beverage
composed in whole or part of an alcoholic beverage in a sealed or
unsealed container of any legal size for consumption on the premises
where served or sold by the holder of a mixed beverage permit, the
holder of a daily temporary mixed beverage permit, the holder of a
caterer's permit, or the holder of a private club registration permit.
"(4) Day-care center means a child-care facility that
provides for more than 12 children under 14 years of age for
less than 24 hours a day.
"(5) Child-care facility means a facility licensed, certified, or
registered by the Texas Department of Human Resources to provide
assessment, care, training, education, custody, treatment, or
supervision for a child who is not related by blood, marriage, or
adoption to the owner or operator of the facility, for all or part ofthe
24-hour day, whether or not the facility is operated for profit or
charges for the services it offers.
"(6) Private school means a private school, including a parochial
school, that:
"(A) offers a course of instruction for students in one or more
grades from kindergarten through grade 12; and
"(B) has more than 100 students enrolled and attending
courses at a single location.
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"(b) Sale unlawful. It shall be unlawful and an offense for any dealer within the
corporate limits ofthe city to sell from a place of business an alcoholic beverage or
mixed beverage within:
"(1) 300 feet of any church, public or private school, public hospital, day-
care center or child-care facility; or
"(2) 1,000 feet of a private school if the City Council receives a request from
the governing body of the private school.
"(c) Special exceptions, day-care centers and child-care facilities. The restrictions
contained herein with respect to day-care centers and child-care facilities apply only
to a permit or license holder under the Texas Alcoholic Beverage Code, Chapter 25
(wine and beer retailer's off-premise permit); Chapter 28 (mixed beverage permit);
Chapter 32 (private club registration permit); Chapter 69 (retail dealer's on-premise
permit); or Chapter 74 (brewpub license) who does not hold a food and beverage
certificate. Said restrictions with respect to day-care centers and child-care facilities
do not apply to a foster group home, foster family home, family home, agency group
home, or agency home as those terms are defined by Section 42.002, Texas Human
Resources Code. The restrictions herein with respect to day-care centers and child-
care facilities do not apply to a permit or license holder under the Texas Alcoholic
Beverage Code, who sells alcoholic beverages if:
"(1) the permit or license holder and the day-care center or child-care facility
are located on different stories of a multistory building; or
"(2) the permit or license holder and the day-care center or child-care facility
are located in separate buildings and either the permit or license holder or the
day-care center or child-care facility is located on the second story or higher
of a multistory building.
"(d) Distance measurements. The measurement ofthe distance between such place
of business where alcoholic beverages are sold and any church or public hospital
shall be along the property lines ofthe street fronts and from front door to front door,
and in direct line across intersections. The measurement of distance between such
place of business where alcoholic beverages are sold and a public or private school,
day-care or child-care facility shall be:
"(1) in a direct line from the property line of the public or private school or
child care facility to the property line of the place of business, and in a direct
line across intersections; or
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"(2) if the place of business where alcoholic beverages are sold is located on
or above the fifth story of a multistory building, in a direct line from the
property line ofthe public or private school to the property line of the place
of business, in a direct line across intersections, and vertically up the building
at the property line to the base of the floor on which the place of business
where alcoholic beverages are sold is located.
"( e) Variances. The City Council may allow variances to the distance regulation as
stated herein if the City Council determines that enforcement of such regulation in
a particular instance is not in the best interest of the public, constitutes waste or
inefficient use ofland or other resources, creates an undue hardship on an applicant
for a license or permit, does not serve its intended purpose, is not effective or
necessary, or for any other reason the city council, after consideration of the health,
safety and welfare ofthe public and the equities of the situation, determines is in the
best interest of the community.
"(f) Other exceptions.
"(1) Subsection (b)(2) does not apply to the holder of the following permits
or licenses issued under the Texas Alcoholic Beverage Code:
"(A) a retail on-premises consumption permit or license if less than
50 percent of the gross receipts for the premises is from the sale or
service of alcoholic beverages;
"(B) a retail off-premises consumption permit or license ifless than
50 percent of the gross receipts for the premises, excluding the sale
of items subject to the motor fuels tax, is from the sale or service of
alcoholic beverages;
"(c) a wholesaler's, distributor's, brewer's, distiller's and rectifier's,
winery, wine bottler's or manufacturer's permit or license, or any
other license or permit held by a wholesaler or manufacturer as those
words are ordinarily used or understood.
"(D) a license or permit issued under Chapter 27 (temporary and
special wine and beer retailer' s permits); Chapter 31 (caterer's
permit); or Chapter 72 (temporary licenses) ofthe alcoholic beverage
code who is operating on the premises of a private school; or
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"(E) a license or permit covering a premise where minors are
prohibited from entering under Section 109.53 of the alcoholic
beverage code and that is located within 1,000 feet of a private
school.
"(2) Subsection (b)(1) does not apply to the holder of the following permits
or licenses issued under the Texas Alcoholic Beverage Code:
"(A) a license or permit who also holds a food and beverage
certificate covering a premise that is located within 300 feet of a
private school; or
"(B) a license or permit covering a premise where minors are
prohibited from entering under Section 109.53 of the alcoholic
beverage code and that is located within 300 feet of a private school.
"(g) Application to existing businesses. Application to businesses in existence at
the time of the effective date of this ordinance which are holders of the following
permits or licenses issued under the Texas Alcoholic Beverage Code:
"(1) A premises which has a valid alcoholic beverage permit or license as of the
effective date of this ordinance shall be deemed to satisfy the distance requirements
set forth herein and for all subsequent renewals of the license or permit as well.
"(2) On the sale or transfer ofthe premises or the business on the premises in which
a new original license or permit is required for the premises, the premises shall be
deemed to satisfy any distance requirements as if the issuance of the new original
permit or license were a renewal of a previously held permit or license.
"(h) Penalties. Any person violating the terms and provisions of this chapter shall be
deemed guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand
dollars ($2,000.00). Each day that such violation continues shall be a separate offense. This
penalty shall be cumulative of all other remedies. Such violation shall be deemed a violation
of a provision governing zoning and public health."
Section 3. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
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Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 5. That this ordinance shall become effective on December 1,2001.
PASSED AND ADOPTED this 12th day of November, 2001.
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A,
ichael J. Pfiest ay:
ATTEST:
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Mattie Cunningham, City Clerk
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