§ 10-2. Sale of alcoholic beverages prohibited near public schools, private schools, churches, or hospitals

(a) It shall be unlawful for any dealer to sell alcoholic beverages from or at a place of business within this city within 300 feet of a church, public or private school, or public hospital.

(b) This section does not apply to the holder of:

(1) A license or permit who also holds a food and beverage certificate covering premises that is located within 300 feet of a private school; or

(2) A license or permit covering premises 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.

(c) 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.

(d) The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be:

(1) In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

(2) 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 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.

(Ord. No. 04-12-630, § 2(110.02), 12-20-2004)