HomeMy WebLinkAboutOrdinance - 2009-O0060 - Amending chapter 18,article I; prohibit sale of alcholic beverages.First Reading
June 23, 2009
Item No. 6.7
Second Reading
July 8, 2009
Item No. 5.10
ORDINANCE NO. 2009-00060
AN ORDINANCE AMENDING CHAPTER IS, "OFFENSES -MISCELLANEOUS",
ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS ENTITLED "IN GENERAL", SECTION 18-I1 ENTITLED "ALCOHOLIC
BEVERAGES -SALE NEAR CHURCH, SCHOOL OR HOSPITAL" TO PROHIBIT
THE SALE OF ALCOHOLIC BEVERAGES WITHIN THREE HUNDRED (300)
FEET OF A CHURCH, PUBLIC HOSPITAL OR PUBLIC OR PRIVATE SCHOOL;
PROHIBITING SALES WITHIN THREE HUNDRED (300) FEET OF A DAY-
CARE CENTER OR CHILD-CARE FACILITY, UNDER CERTAIN
CIRCUMSTANCES; PROVIDING DEFINITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock desires to enhance and
revise the regulations prohibiting the sale of alcoholic beverages within three hundred
(300) feet of a church, public hospital or public or private school and to prohibit such
sales within three hundred (300) feet of a day-care center or child-care facility under
certain circumstances; and
WHEREAS, pursuant to Chapter 109 of the Texas Alcoholic Beverage Code,
the City of Lubbock is authorized to enact the prohibitions and regulations set forth
herein; and
WHEREAS, it is in the public interest to prohibit the sale of alcoholic
beverages within three hundred (300) feet of any church, public hospital or public or
private school and day-care centers or child-care facilities as set forth below; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 18-11 of the Code of Ordinances of the City of Lubbock
is hereby amended to read as follows:
Sec. 18-11. Alcoholic beverages -Sale near church, school or hospital.
(a) It shall be unlawful for any person to sell or engage in the business of
selling any alcoholic beverage where such place of business is located within three
hundred (300) feet of any church, public or private school or public hospital.
Provided, that this section shall not apply to any dealer whose place of business is
within three hundred (300) feet of any church, public or private school or public
hospital as of the date of the adoption of this section, or to any of their successors.
(b) The measurement of the distance between the place of business where
alcoholic beverages are sold and the church or public hospital 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 or private school shall be:
1
(1) In a direct line from the property line of the public or private
school to the property line of the place of business, and in a direct
line across intersections; or
(2) If the permit or license holder is located on or above the fifth story
of a multistory building, in a direct line from the property line of
the public or private school 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.
(c) A permit or license holder under chapters 25 (wine and beer retailer's
permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail
dealer's on -premise license), or 74 (brewpub license) of the Texas Alcoholic
Beverage Code who does not hold a food and beverage certificate may not sell or
engage in the business of selling an alcoholic beverage at a place of business located
within 300 feet of a day-care center or child-care facility. This section does not apply
to a permit or license holder who sells alcoholic beverages if:
(1) The permit or license holder 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 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.
(d) In this section, "Private school" shall mean a private school, including a
parochial school, that:
(1) Offers a course of instruction for students in one or more grades
from kindergarden through grade 12; and
(2) Has more than 100 students enrolled and attending courses at a
single location.
(e) In this section, "Day-care center" shall mean child-care facility that
provides care for more than 12 children under 14 years of age for less than 24 hours a
day.
(f) In this section, "Child-care facility" shall mean a facility licensed or
certified by the Department of Human Services to provide assessment, care, training,
education, custody, treatment, or supervision for a child who is not related by blood,
marriage or adoption to the owner or operator of the facility, for all or part of the 24-
2
hour day, whether or not the facility is operated for profit or charges for the services it
offers.
(g) If at the time an original alcoholic beverage permit or license is granted
for a premises, the premises satisfies the requirements regarding distance from
schools, churches, and hospitals, the premises shall be deemed to satisfy the distance
requirements for all subsequent renewals of the license or permit.
(h) On the sale or transfer of the premises or the business on the premises in
which a new original license or permit is required for the premises, the premises shall
be deemed to satisfy any distance requirements as if the issuance of the new original
permit or license were a renewal of a previously held permit or licensed.
(i) A violation of any provision of this section by any person shall be deemed
a misdemeanor punishable in accordance with Section 1-4 of this Code.
SECTION 2. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of June 2009.
Passed by the City Council on second reading this 8th day of July , 2009.
TOM MARTIN, MAYOR
ATTEST:
Reber a Garza, City Secretary
APPROVED AS TO CONTENT:
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Randy Henson,(
Director of Planning & Zoning
APPROVED AS TO FORM:
Chad Weaver, Asst. City Attorney
vw/CityAtVChad/Ordinances/Sec. 18-11 Alcohol Regulations
June 4, 2009