§ 10-3. Sale of alcoholic beverages prohibited near day care centers and child care facilities; exception

(a) It shall be unlawful for any holder of a wine and beer retailer's permit, mixed beverage permit, private club registration permit, retail dealer's on-premises license, or brewpub license who does not hold a food and beverage certificate to sell alcoholic beverages from or at a place of business within this city within 300 feet of a day care center or child care facility.

(b) This section does not apply to a permit or license holder 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.

(c) This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by V.T.C.A., Human Resources Code § 42.002.

(d) The measurement of the distance between the place of business where alcoholic beverages are sold and the day care center or child care facility shall be:

(1) In a direct line from the property line of the day care center or child care facility 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 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.

(Ord. No. 04-12-630, § 2(110.03), 12-20-2004)