§ 6-2. Sales near schools, churches, hospitals or day care facilities.

(a)

Offense.

(1)

A dealer whose place of business is within 300 feet of a church, public or private school or public hospital commits an offense if he sells an alcoholic beverage upon his premises.

(2)

A permit or license holder whose place of business is within 300 feet of a day care center or a child care facility commits an offense if he sells an alcoholic beverage upon his premises.

(b)

Exception.

(1)

It is an exception to the application of subsection (a)(1) of this section if such dealer:

a.

Has held a valid license or permit continuously since prior to January 9, 1984, at such premises; or

b.

Is a holder of:

1.

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

2.

A license or permit covering a premise where minors are prohibited from entering under V.T.C.A., Alcoholic Beverage Code § 109.53, and that is located within 300 feet of a private school.

(2)

It is an exception to the application of subsection (a)(2) of this section if:

a.

The permit or license holder holds:

1.

A permit or license pursuant to V.T.C.A., Alcoholic Beverage Code ch. 25, 28, 32, 69 or 74; and

2.

A food and beverage certificate;

b.

The permit or license holder holds a permit or license in accordance with the state alcoholic beverage code other than pursuant to V.T.C.A., Alcoholic Beverage Code ch. 25, 28, 32, 69 or 74;

c.

The permit or license holder and the day care center or child care facility are located on different stories of a multistory building; or

d.

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 the child care facility is located on the second story or higher of a multistory building.

(3)

It is an exception to the application of subsection (a) if such application would restrict the sale of alcoholic beverages within the Arts, Cultural and Entertainment (ACE) zoning district.

(c)

Measurements.

(1)

The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

(2)

The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school, day care center or child care facility shall be:

a.

In a direct line from the property line of the public or private school, day care center or child care facility to the property line of the place of business, and in a direct line across intersections; or

b.

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school, day care center or child care facility 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 permit or license holder is located.

(d)

Definition. As used in this section, "private school" means a private school, including a parochial school, that:

(1)

Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and

(2)

Has more than 100 students enrolled and attending courses at a single location.

(Code 1967, § 4-6; Ord. No. 3752, § 1, 1-12-84; Ord. No. 8101, § 1, 10-9-97; Ord. No. 9242, § 1, 10-11-01; Ord. No. 12,205 , § 2, 3-14-13)

State law reference

Sales near school, church or hospital, V.T.C.A., Alcoholic Beverage Code § 109.33.

Cross reference

Zoning, ch. 130.