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Home My WebLink AboutOrdinance - 2009-O0060 - Amending Chapter 18,Article I; Prohibit Sale Of Alcholic Beverages. - 06/23/2009AN ORDINANCE AMENDING CHAPTER 18, "OFFENSES -MISCELLANEOUS", ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "IN GENERAL", SECTION 18-11 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 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: THAT Section 18-11 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: 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) 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. (0 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- PA 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. 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. Rebec a Garza, City Secretary - 3 TOM MARTIN, MAYOR APPROVED AS TO CONTENT: Ra dy Henson, Director of Planning & Zoning APPROVED AS TO FORM: Chad Weaver, Asst. City Attorney v,�v/CityAtt/Chad/Ordinances/Sec. 18-11 Alcohol Regulations June 4, 2009 EI HE STATE OF TEXAS 6ext { 6� :OUNTY OF LUBBOCK wore me _Wendy I Knox a Notary Public in and for Lubbock %ounty, Texas on tnis lay personally appeared Mary Elizabeth George of the Southwestern Newspaper :orporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn lid dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first nsertion of this Le I Notice No. _ at Lubbock County, Texas and the attached ►Tinted copy of the Notice is a true copy of the original and was pentad in the Lubbock NOTARY PU44C in and for the State of Texas my commission Expires 412812012 -UBBOCK AVALANCHE -JOURNAL Norris Communication Corporation Subscribed and sworn to before me this day of ;•fit►"" °��4� : WENDY J. KNOX FORM W10 E* i b, NOTARY PUBLIC State of Texas Comm. Exp. 04-28-2012 THE STATE OF TEXAS lam'' lrI COUNTY OF LUBBOCK Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this day personally appelrod Mary Eli; th George of the Southwestern Newspaper Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first insertion of this Leal Notice No. at Lubbock County, Texas and the attached printed copy of the Legal Notice is a true copy of the original and wa printed in the Lubbock Avalanche-Joumal on the following dates: 0 ` = (Rgt . as LUBBOCK• Morris Communication Corporation Subscribed and sworn to before me this A� 4 FORM 58-10 ozill� ' &�� NOTARY P1 9LIC in and for the State of Texas my commission Expires 4✓28/2012 day of U007 �?WENDY J. KNOX ��ti NOTARY PUBLIC State of Texas '�:..a ( omm Fvn nA-0CLon-0