§ 3-4. Location of dealer's premises near day-care center or child-care facility.

(a)

In accordance with section 109.331 of the T.A.B.C., the city, through approval by city council following a recommendation from the director of administration and regulatory affairs or on its own motion, may create 300-foot alcohol-free zones surrounding day-care centers or child-care facilities. As used in this section, applicant means the owner of a day-care center or child-care facility.

An application for the creation of an alcohol-free zone within 300 feet of a day-care center or child-care facility may be submitted to the director of administration and regulatory affairs by the owner of such day-care center or child-care facility. As soon as practicable following receipt of such an application, the director of administration and regulatory affairs shall submit his recommendation for approval of the application for an alcohol-free zone to the city council. An application for the creation of an alcohol-free zone shall be recommended for approval by the director of administration and regulatory affairs only if the day-care center or child-care facility is located in a residential area as defined in this subsection. Designations of alcohol-free zones pursuant to this section may be made by city council motion. An alcohol-free zone designation shall continue for as long as the child-care center or day-care facility remains under the same ownership and retains its license, certification or registration from the state.

As used in this section, alcohol-free zone means the area within 300 feet of a day-care center or child-care facility.

As used in this section, residential area means an area in which 75 percent or more of the tracts within a circular area, as described herein, are residential in character; the radius of such circular area shall be 1,500 feet, and the center of such circular area shall correspond to the midpoint of a line joining the two most distant points on the boundary of the tract on which the dealer's premises are located; multifamily tracts shall be counted as multiple residential tracts based upon the tax records acreage of the multifamily tract according to the following formula: each one-eighth acre of land or fraction thereof shall be equivalent to one residential tract; for purposes of this calculation a residential tract or multifamily tract shall be considered to be in the circular area in its entirety if any portion of it lies within the circular area.

(b)

If an alcohol-free zone designation has been approved by city council, it shall be unlawful for any dealer in a residential area holding a permit or license under the following chapters of the T.A.B.C. to sell alcohol within 300 feet of a day-care center or child-care facility, as those terms are defined in section 42.002 of the Human Resources Code: Chapter 25 (Wine and Beer Retailer's Permit), Chapter 28 (Mixed Beverage Permit), Chapter 32 (Private Club Registration Permit), Chapter 69 (Retail Dealer's On-Premise License) or Chapter 74 (Brewpub License). The measurement to a dealer's premises shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business where alcoholic beverages are sold and in a direct line across intersections, in accordance with sections 109.33 and 109.331 of the T.A.B.C.

(c)

This section does not apply to a permit or license holder who sells alcoholic beverages if:

(1)

The holder of a permit or license issued under the chapters of the T.A.B.C. listed in subsection (b) holds a food and beverage certificate issued by the Texas Alcoholic Beverage Commission;

(2)

The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building;

(3)

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;

(4)

The place of business where alcoholic beverages are sold and the day-care center or child-care facility are located on the same tract or contiguous tracts of land which are under the direct ownership of the same person or entity; or

(5)

The sale of alcoholic beverages at a location was authorized by the Texas Alcoholic Beverage Commission before the day-care center or child-care facility use was established within 300 feet from the place of business, and a new application for the same location is filed with the Texas Alcoholic Beverage Commission not later than one year after the date the previous permit or license authorizing the sale of alcoholic beverages at the location either expired or was terminated.

(d)

The application shall contain a statement under oath that:

(1)

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct;

(2)

The applicant has, for a minimum of 30 days, placed signs (at least 24 inches by 36 inches in size) that provide notification and information specifically stating "300-FOOT ALCOHOL-FREE ZONE PENDING," identifying the address of the day-care center or child-care facility, and containing the notation: "For further information, contact the Director of the Department of Administration and Regulatory Affairs of the City of Houston." All lettering on the signs must be at least one and one-half inches by two inches in size for each letter on the sign. It shall be the duty of each applicant as to each particular application to erect at least one such sign along each of the property's public road or highway frontages so as to be clearly visible from the public road or highway. If a property does not have a public road or highway frontage, then signs shall be placed upon the property at a point visible from the nearest public right-of-way. Said signs shall be checked daily by the applicant and reposted as required to ensure that they remain posted until the application has been approved or denied; and

(3)

The applicant has mailed the same information appearing on the sign to each property owner, as shown on the most recently approved tax rolls of the City of Houston, within 300 feet of the day-care center or child-care facility.

(e)

The director of administration and regulatory affairs may require the sign to be both in English and in a language other than English if it is likely that a substantial number of the residents and property owners in the vicinity of the day-care center or child-care center speak a language other than English as their familiar language.

(f)

In the event that the creation of an alcohol-free zone is initiated by action of city council, the director of administration and regulatory affairs shall cause notice of such action to be mailed to each owner, as shown on the most recently approved tax rolls of the city, of property within 300 feet of the day-care center or child-care facility.

(g)

Notwithstanding anything to the contrary in this section, an alcohol-free zone shall not be created if the day-care center or child-care facility is located within a high density mixed land use development, including uses such as residential, commercial, retail, institutional, and entertainment with a predominance of multi-story and multi-tenant buildings.

(Ord. No. 05-63, § 1, 1-19-05; Ord. No. 08-52, §§ 7, 8, 1-16-08, eff. 1-26-08)