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 Sachse
 Code of Ordinances
 Home Rule Charter
 Chapter 4. Business Regulations

  § 4-14. Alcoholic beverages

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  • A. Purpose. The purpose of alcoholic beverage regulations is to protect the public health, safety and public welfare.

    B. General requirements.

    (1) The sale of beer in residential areas or within residential zoning districts is prohibited.

    (2) Alcoholic beverages shall not be sold by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital, 1,000 feet of a public or private school if the city receives a request pursuant to state law from the board of trustees of the school district or from the governing body of the private school. This subsection does not apply to the holder of:

    (a) A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a private school; or

    (b) A license or permit covering a premise where minors are prohibited from entering under § 109.53 of the Texas Alcoholic Beverage Code, as amended, and that is located within 300 feet of a private school.

    (3) 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.

    (4) The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be:

    (a) 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

    (b) If the permit or license holder is located on or above a 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.

    (5) Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the application with the Texas Alcoholic Beverage Commission. A copy of the notice must be submitted to the commission with the application. This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the premises.

    (6) Except as provided herein, provisions relating to a public school also apply to a day-care center and child-care facility as those terms are defined by § 42.002, Human Resources Code.

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

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

    (b) 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.

    C. Permit required.

    (1) No person, corporation or association shall sell alcoholic beverages within the city without first having applied for and been granted a valid permit issued by the city to sell alcoholic beverages. Upon the exhibition of a license or permit duly issued by the State of Texas to the applicant, the community development director or designee shall, in the name of the city, issue and deliver to the applicant a permit to engage in the business in the city of the character described in and authorized by the license or permit from the state held by the applicant. The license or permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in a license or permit from the state remains in force.

    (2) An applicant for a permit under this section shall pay a fee at the time of the submission of the application. The fee shall be equal to one-half of the state fee for each permit issued for premises located within the city.

(Ord. No. 2162, § 1, 9-19-05)