§ 6-11. Sales near churches, public schools or private schools.

It shall be unlawful for any person to sell or engage in the business of selling alcoholic beverages within the city where the place of business is within 300 feet of any church, public school, or private school. The measurement of the distance between the place of business where alcoholic beverages are sold and the church 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 public schools shall be in a direct line from the property line of the public school or private school to the property line of the place of business, and in a direct line across intersections.

As authorized by Texas Alcoholic Beverage Code Section 109.33(e), city council may consider applications for variances to the prohibition against the sale of alcoholic beverages within 300 feet of any church, private school or public school only if city council first conducts a public hearing on the matter and before the thirtieth day before the date of the public hearing notice is given by publication in the city's official newspaper and on the city's website, and after the conclusion of the public hearing at least ¾ of the total membership of city council find all of the following:

(1)

The proposed sale of alcoholic beverages would constitute no more than 30 percent of the establishment's annual gross revenues; and

(2)

Prior to the date of the public hearing an authorized representative of the affected church, public school, or private school has provided the city manager with written confirmation that the affected church, public school, or private school has no objection to the granting of the variance;

(3)

The granting of the variance will not have a negative effect on the health, safety or welfare of the public;

(4)

On or before March 15 of the year following the granting of a variance, and every March 15 thereafter, the owner of the establishment for which the variance was granted shall submit to the city secretary all necessary documentation to verify that during the preceding calendar year no more than 30 percent of the establishment's annual gross revenues were generated by the sale of alcoholic beverages; and

(5)

Violations of the conditions on the variance are punishable by criminal fine and any and all remedies available at law and or equity including but not limited to revocation of the variance.

(Ord. No. 1136 , § I.1, 8-11-2015; Ord. No. 1166 , § 1, 7-26-2016; Ord. No. 1206 , § I, 7-25-2017)