SEC. 6-4. DEALERS LOCATED NEAR CHURCHES, SCHOOLS, DAY-CARE CENTERS, CHILD-CARE FACILITIES, AND HOSPITALS; VARIANCES.
(a) No person may sell alcoholic beverages if the place of business is within:
(1) 300 feet of a church, public or private school, or public hospital, except that this paragraph does not apply to the holder of:
(A) a license or permit who also holds a food and beverage certificate covering a premises that is located within 300 feet of a private school; or
(B) a license or permit covering a premises where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code and that is located within 300 feet of a private school;
(2) 1,000 feet of a public school if the city council by resolution adopts a request from the board of trustees of a school district under Section 38.007 of the Texas Education Code, except that this paragraph does not apply to the holder of:
(A) a retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(B) a retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to motor fuels tax, is from the sale or service of alcoholic beverages; or
(C) a wholesaler’s, distributor’s, brewer’s, distiller’s and rectifier’s, winery, wine bottler’s, or manufacturer’s permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas Alcoholic Beverage Code;
(3) 1,000 feet of a private school if the city council by resolution adopts a request from the governing body of the private school, except that this paragraph does not apply to the holder of:
(A) a retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(B) a retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to motor fuels tax, is from the sale or service of alcoholic beverages;
(C) a wholesaler’s, distributor’s, brewer’s, distiller’s and rectifier’s, winery, wine bottler’s, or manufacturer’s permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas Alcoholic Beverage Code;
(D) a license or permit issued under Chapter 27, 31, or 72 of the Texas Alcoholic Beverage Code who is operating on the premises of a private school; or
(E) a license or permit covering a premises where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code and that is located within 1,000 feet of a private school; or
(4) 300 feet of a day-care center or a child-care facility, as those terms are defined by Section 42.002 of the Texas Human Resources Code, if the person is the holder of a permit or license under Chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate, except that this paragraph does not apply:
(A) if the permit or license holder and the day-care center or child-care facility are located:
(i) on different stories of a multistory building; or
(ii) 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
(B) to a foster group home, foster family home, family home, agency group home, or agency home, as those terms are defined by Section 42.002 of the Texas Human Resources Code.
(b) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital will be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(c) Except as otherwise provided in this subsection, the measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school, a day-care center, or a child-care facility will be in a direct line from the property line of the public or private school, day-care center, or child-care facility to the property line of the place of business, and in a direct line across intersections. If the permit or license holder is located on or above the fifth story of a multistory building, the measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school, a day-care center, or a child-care facility will be in a direct line from the property line of the public or private school, 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. As to any dealer who held a license or permit from the Texas Alcoholic Beverage Commission on September 1, 1983, the measurement of the distance between the place of business of the dealer and a public or private school, day-care center, or child-care facility will be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(d) If at the time an original alcoholic beverage permit or license is granted by the Texas Alcoholic Beverage Commission, the premises satisfies the requirements regarding distance from churches, public hospitals, public or private schools, day-care centers, or child-care facilities set forth in this section, the premises will be deemed to satisfy the distance requirements of this section for all subsequent renewals of the license or permit. This subsection does not apply to the satisfaction of the distance requirement prescribed by Subsection (a)(2) of this section for a public school if the permit or license has been suspended for a violation, occurring after September 1, 1995, of any of the following provisions of the Texas Alcoholic Beverage Code:
(1) Section 11.61(b)(1), (6), (7), (8), (9), (10), (11), (13), (14), or (20); or
(2) Section 61.71(a)(5), (6), (7), (8), (11), (12), (14), (17), (18), (22), or (24).
(e) On the sale or transfer of the business in which a new original license or permit is required, the business will be deemed to satisfy the distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license. This subsection does not apply to the satisfaction of the distance requirement prescribed by Subsection (a)(2) of this section for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license, this subsection does apply to the holder’s surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license.
(f) This section does not apply to:
(1) the area bounded by the south side of Woodall Rodgers Freeway, the east side of Stemmons Freeway (I-35E), the north side of R.L. Thornton Freeway (I-30), and the west side of Central Expressway (U.S. 75);
(2) Planned Development District No. 269 (the Deep Ellum/Near East Side District); or
(3) the area bounded by Lemmon Avenue East, McKinney Avenue, Blackburn Street, and Cole Avenue (West Village).
(g) Variances. Pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, a variance to the distance requirements prescribed by Subsection (a) may be requested and granted in accordance with the following procedures.
(1) Application. An applicant for a variance shall submit the following information to the director of the department of planning and development:
(A) The name of the owner of the property where the alcohol business will be located.
(B) The name and address of the applicant for the alcohol permit.
(C) The type of alcohol permit for which application is being made.
(D) The name and address of the protected use that creates the need for the variance. For purposes of this section, "protected use" means a church, public or private school, public hospital, day-care center, or child-care facility as defined in this chapter.
(E) A survey showing the location and distances of the business where alcohol will be sold, the front door of the business where alcohol will be sold, the location of the protected use, and the front door of the protected use.
(F) A statement of why the variance meets the standard of Subparagraph (5)(D).
(G) Any other information the director of the department of planning and development deems necessary.
(2) Fee. A nonrefundable fee of $1,200 must be paid to the director of planning and development when the application for a variance is filed.
(3) Notification signs.
(A) Signs required to be obtained from the city. An applicant is responsible for obtaining the required number of notification signs and posting them on the property that is the subject of the application. Notification signs must be obtained from the director of the department of planning and development or the building official. An application will not be processed until the fee of $10 per sign has been paid.
(B) Number of signs required. A minimum of one notification sign is required for every 500 feet or less of street frontage, with one additional notification sign required for each additional 500 feet or less of street frontage. For tracts without street frontage, a minimum of one notification sign is required for every five acres or less, with one additional notification sign required for each additional five acres or less. A maximum of five notification signs are required.
(C) Posting of signs. The applicant shall post the required number of notification signs on the alcoholic beverage premises, as defined in Section 11.49 of the Texas Alcoholic Beverage Code, within 14 days after an application is filed. The signs must be legible and remain posted until a final decision is made on the application. For tracts with street frontage, signs must be evenly spaced over the length of every street frontage, posted at a prominent location adjacent to a public street, and be easily visible from the street. For tracts without street frontage, signs must be evenly posted in prominent locations most visible to the public.
(D) Failure to comply. If the city council determines that the applicant has failed to comply with the provisions of this paragraph, it shall take no action on the application other than to postpone the public hearing for at least four weeks or deny the applicant's request. If the hearing is postponed, the required notification signs must be posted within 24 hours after the public hearing is postponed and comply with all other requirements of this paragraph.
(E) Illegal removal of signs. A person commits an offense if he intentionally or knowingly removes a notification sign that has been posted pursuant to this paragraph. It is a defense to prosecution under this paragraph that the sign was no longer required to be posted pursuant to this paragraph at the time of its removal.
(4) Hearing. The director of planning and development shall set a date for a public hearing before the city council within 60 days after a complete application is filed. Not less than 10 days before the public hearing, the director of the department of planning and development shall:
(A) publish notice of the public hearing in a newspaper of general circulation;
(B) provide notice of the public hearing to all neighborhood associations registered with the department of planning and development to receive zoning notices for the area in which the alcoholic beverage premises, as defined in Section 11.49 of the Texas Alcoholic Beverage Code, is located; and
(C) provide notice of the public hearing to the protected use that creates the need for the variance.
(5) Standard for approval. A main motion to approve a variance must be seconded two times, with each second made by a different city council member. The city council may, but is not required, to allow variances to the spacing requirements of Subsection (a) if the city council finds that:
(A) the application is for:
(i) a brewer's permit pursuant to Chapter 12 of the Texas Alcoholic Beverage Code;
(ii) a distiller's and rectifier's permit pursuant to Chapter 14 of the Texas Alcoholic Beverage Code;
(iii) a winery permit pursuant to Chapter 16 of the Texas Alcoholic Beverage Code;
(iv) a wine and beer retailer's permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code;
(v) a wine and beer retailer's off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code;
(vi) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate;
(vii) a manufacturer's license pursuant to Chapter 62 of the Texas Alcoholic Beverage Code;
(B) the application is for one of the following uses as defined in the Dallas Development Code:
(i) general merchandise or food store with 10,000 square feet or more of floor area;
(ii) restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;
(iii) alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery; or
(iv) alcoholic beverage manufacturing;
(C) alcoholic beverages will not be sold by drive-in or drive-through service; and
(D) enforcement of the spacing requirements in this particular instance:
(i) is not in the best interest of the public;
(ii) constitutes waste or inefficient use of land or other resources;
(iii) creates an undue hardship on an applicant for an alcohol permit;
(iv) does not serve its intended purpose;
(v) is not effective or necessary; or
(vi) for any other reason that 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.
(6) Conditions. City council may impose reasonable conditions on the granting of a variance and may require development pursuant to a site plan.
(7) Renewal and transfer. A variance granted pursuant to this subsection is valid for subsequent renewals of the alcohol permit. A variance granted pursuant to this subsection may not be transferred to another location or to another alcohol permit holder. (Ord. Nos. 8096; 13172; 15669; 21735; 22537; 25174; 25465; 27747; 28444; 28565; 28799; 29208; 29261; 31143 ; 32002 ; 32760 )
