EXCEPTIONS TO REQUIRED MINIMUM DISTANCES.
Austin City Code § 4-9-7
in effect§ 4-9-7 - EXCEPTIONS TO REQUIRED MINIMUM DISTANCES.
(A) Section 4-9-4 (Minimum Distances from Certain Uses) does not apply to:
(1) the renewal or transfer of a permit or license to sell alcoholic beverages, if the permit or license being renewed or transferred was originally issued before the date a church, public school, private school, public hospital, day-care center, or child-care facility use was established within 300 feet from the place of business named in the permit or license; or
(2) a new application at a location, if the sale of alcoholic beverages at the proposed place of business was authorized not less than one year before the date a church, public school, private school, public hospital, day-care center, or child-care facility use was established within 300 feet from the place of business, and the new application is filed no later than 90 days after the date the previous permit or license authorizing the sale of alcoholic beverages at that location expired or was terminated.
(B) Subsection 4-9-4(A) does not apply to the holder of:
(1) a license or permit who also holds a food and beverage certificate covering a pemise that is located within 300 feet of a private school; or
(2) a license or permit covering a premise 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.
(C) Subsection 4-9-4(B) does not apply to a permit or license holder who sells alcoholic beverages if:
(1) the permit or license holder's place of business 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's place of business and the day-care center or child-care facility are located in separate buildings and either the permit or license holder's place of business or the day-care center or child-care facility is located on the second story or higher of a multistory building.
Source: 1992 Code Sections 8-3-4(F) and (G); Ord. 031023-12; Ord. 031211-11; Ord. No. 20211209-058, Pt. 4, 12-20-21.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT4BUREPERE_CH4-9REALBE_S4-9-7EXREMIDIFetched: 10/27/2026