§ 20.10.060. Alcoholic beverages.

A.

Requirements. The sale, storage, or handling of alcoholic beverages for the purpose of sale is permitted only where the use is authorized by and complies with all applicable provisions of this title and the Texas Alcoholic Beverage Code.

1.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only where licensed in accordance with Chapter 5.08 of the city code and the Texas Alcoholic Beverage Code.

2.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only in approved locations within the interior of buildings or structures that have a valid certificate of occupancy allowing such use.

3.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted in specific uses in the following zoning districts, subject to the requirements of this chapter:

a.

C-1, C-2, C-3, C-4, and C-5 commercial districts;

b.

P-C planned commercial district;

c.

GMU general mixed use district;

d.

S-D special development district;

e.

U-P union plaza district;

f.

M-1, M-2 and M-3 manufacturing districts;

g.

IMU industrial mixed use district.

4.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted as an accessory use to specific permitted uses in the following zoning districts, subject to the requirements of this chapter:

a.

R-F ranch and farm district;

b.

R-1, R-2, R-2A, R-3, R-3A, R-4 and R-5 residential districts;

c.

PMD planned mountain development district;

d.

A-1, A-2, A-3 and A-4 apartment districts;

e.

A-O and A-3/O apartment/office districts;

f.

COP commercial office park district;

g.

A-M apartment and manufactured home park district;

h.

RMU residential mixed use district;

i.

PR-1 and PR-II planned residential districts.

j.

NOS natural open space district.

5.

The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted as an accessory use to specific uses allowed by special permit in the following zoning districts, subject to the requirements of this chapter:

a.

PMD planned mountain development district;

b.

A-1, A-2, A-3 and A-4 apartment districts;

c.

A-O and A-3/O apartment/office districts;

d.

A-M apartment and manufactured home park district.

B.

Restrictions.

1.

The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within three hundred feet of a church, public or private school, or public hospital; however, this section shall not apply where the applicant has approval from the affected church, public or private school, or public hospital in writing.

2.

The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within three hundred feet of a day-care center or a child-care facility as defined in the Texas Human Resources Code § 42.002 and the permit or license holder does not hold a food and beverage certificate issued by the Texas Alcoholic Beverage Commission, unless expressly varied pursuant to the requirements of this section, except that this provision shall not apply:

a.

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

b.

If 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; or

c.

Neither section a. or b. within this subsection, is applicable if the applicant has approval from the affected day-care center or child-care facility in writing.

3.

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

4.

The distance between the place of business where alcoholic beverages are sold and a school, day-care center or child-care facility shall be measured in direct line from the property line of the school, day-care center or child-care facility to the property line of the place of business, and in a direct line across intersections.

5.

The prohibition of the sale of alcoholic beverages within three hundred feet of a church, school or public hospital shall not apply to the sale of alcoholic beverages by any business that held a valid license on August 31, 1983, and has remained established and engaged in the sale of alcoholic beverages within three hundred feet of any church, school or public hospital; nor shall the provisions of this section prevent any business legally engaged in the sale of alcoholic beverages on August 31, 1983, and continuing to be so engaged within three hundred feet of any church, school or public hospital from securing a renewal of their license, nor from a new license being issued for such location to any other applicant.

6.

The prohibition of the sale of alcoholic beverages within three hundred feet of a commercial day care shall not apply to the sale of alcoholic beverages by any business that held a valid license on June 5, 2007, and has remained established and engaged in the sale of alcoholic beverages within three hundred feet of any commercial day care; nor shall the provisions of this section prevent any business legally engaged in the sale of alcoholic beverages on June 5, 2007, and continuing to be so engaged within three hundred feet of any commercial day care from securing a renewal of their license, nor from a new license being issued for such location to any other applicant.

7.

The city council may grant an exception from prohibition of the sale of alcoholic beverages within three hundred feet of a church, school, commercial day care or public hospital after notice and public hearing if the council determines that the enforcement of the prohibition in a particular instance:

a.

Is not in the best interest of the public;

b.

Constitutes waste or the inefficient use of land or other resources;

c.

Creates an undue hardship on an applicant;

d.

Does not serve its intended purpose;

e.

Is not effective or necessary; or

f.

For any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17306, § 4, 4-6-2010; Ord. No. 18458 , §§ 1, 2, 1-12-2016)