§ 26-95. Distance regulations.

(a)

Public and private schools, churches, and hospitals. The sale of alcoholic beverages by an establishment whose place of business is within 300 feet of a church, public or private school, or public hospital is prohibited.

(b)

Day-care centers or child-care facilities. The sale of alcoholic beverages by an establishment who holds a wine and beer on-premises permit or a beer on-premise license and is within 300 feet of a day-care or child-care facility is prohibited.

(c)

Variances. In limited circumstances, the City of Andrews may issue a variance to the distance regulations. An economic hardship variance will be administratively approved if the establishment requesting a permit or license for the sale of alcoholic beverages can demonstrate their business operation pre-existed the location of a church, hospital or day care centers or child care facilities, from the effective date of this article forward. No variance will be considered or issued from the distance regulations of schools. No other variances will be considered.

(d)

Measurement of distances. The measurement of distances shall be according to the Texas Alcoholic Beverage Code. The building inspector will measure distances for compliance with this article.

( Ord. No. 1535 , § 3, 11-13-2013)

State law reference

V.T.C.A., Alcoholic Beverage Code §§ 109.33(a)(1), 109.331.