Ordinance No. 8,101Published in The Baytown Sun: 971009 -2
Wednesday, October 15, 1997, and ORDINANCE NO. 8101
Thursday, October 16, 1997.
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 4
"ALCOHOLIC BEVERAGES," SECTION 4 -6 "SALES PROHIBITED WITHIN THREE
HUNDRED FEET OF SCHOOLS, CHURCHES OR HOSPITALS; EXCEPTION" OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 4 "Alcoholic Beverages," Section 4 -6 "Sales prohibited within three
hundred feet of schools, churches or hospitals; exception" of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
Sec. 4 -6. Sales prohibited within three hundred feet of schools, churches or hospitals; exceptions;
measurement.
(a) Offense.
(1) A dealer, whose place of business is within three hundred (300) feet of a church, public
school, or hospital, commits an offense if he sells an alcoholic beverage upon his
premises.
(2) A permit or license holder whose place of business is within three hundred (300) feet
of a day -care center or a child -care facility commits an offense if he sells an alcoholic
beverage upon his premises.
(b) Exception.
(1) It is an exception to the application of subsection (a)(1) of this section if such dealer
has held a valid license or permit continuously since prior to January 9, 1984, at such
premises.
(2) It is an exception to the application of subsection (a)(2) of this section if:
a. the permit or license holder holds:
1. a permit or license pursuant to Chapters 25, 28, 32, 69, or 74 of the Texas
Alcoholic Beverage Code and
2. a food and beverage certificate;
b. the permit or license holder holds a permit or license in accordance with the
Texas Alcoholic Beverage .Code other than pursuant to Chapter 25, 28, 32, 69,
or 74 of the same;
C. the permit or license holder and the day -care center or child -care facility are
located on different stories of a multistory building; or
d. 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 the child -care facility is located on the second story or higher of
a multistory building.
971009 -2a
(c) Measurements.
(1) 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.
(2) The measurement of the distance between the place of business where alcoholic
beverages are sold and the public school, day -care center or child -care facility shall be
in a direct line from the property line of the public school to the property line of the
place of business, and in a direct line across intersections.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in
all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be
held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of circumstances and to this end ail provisions of
this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the
City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance
to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after
passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 9th day of October, 1997.
PETE C. ALFA O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ S , City Attorney
c1kIWkcounciRordinanceU ocationofAl coholicBeverages &ChitdCareFadIities2.Amend4 -6