§ 10-2. Proximity of business to churches, hospitals and schools  


Latest version.
  • (a) No alcoholic beverage license or permit shall be issued to any dealer or person engaged in the handling of alcoholic beverages as defined in the Alcoholic Beverage Code, where the place of business of any such dealer or person is within 300 feet of any church, public hospital, school or other educational institution.

    (b) 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. The measurement of the distance between the place of business where alcoholic beverages are sold and the school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. For any permit or license covering a premises where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code § 109.53, the measurement of the distance between the premises and a school shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections.

    (c) Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a school, measured along street lines and directly across intersections, must give written notice of the application to officials of the school before filing the application with the city. A copy of the notice must be submitted to the city with the application. This subsection does not apply to a permit or license covering a premises where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code § 109.53.

    (d) As to any dealer who held a license or permit on September 1, 1983, in a location where a restriction under this section was in effect on that date, for purposes of subsection (a) but not subsection (c) of this section, the measurement of the distance between the place of business of the dealer and a school shall be along the property lines of the street fronts and from front door to front door and in direct line across intersections. This subsection applies only as long as the place of business is continuously in operation from that date, whether or not under the same license or permit.

    (e) The city council may allow a variance, allowing a license or permit for the handling of alcoholic beverages to be issued for a location that would otherwise not be permissible under subsection (a), if the council determines that disallowance of the permit:

    (1) Would not be in the best interest of the public;

    (2) Would constitute waste or inefficient use of land or other resources;

    (3) Would create an undue hardship on the applicant for the license or permit;

    (4) Does not serve its intended purpose;

    (5) Is not effective or necessary; or

    (6) For any other reason, after consideration of the health, safety, and welfare of the public and the equities of the situation, is not in the best interest of the community.

    (f) The applicant for a permit shall request a variance from the city council by submitting a letter to the city secretary. The letter shall include a reference to the standards set forth in subsection (e), and include facts that demonstrate that the variance meets one or more of those standards. The letter shall also reflect that the applicant has notified the church, hospital, or school that is within 300 feet of the proposed location, and shall state whether the church, hospital, or school supports, is opposed to, or is neutral as to the proposed variance.

(Code 1968, §§ 5-1, 5-17; Ord. No. O-36-09, § I, 6-8-2009)

refcharter

Location of alcoholic beverage establishments, § 11.9.

refstatelaw

Similar provisions, V.T.C.A., Alcoholic Beverage Code § 109.33.