Ordinance No. 9,242Published in the Baytown Sun
October 18, 2001
October 19, 2001
ORDINANCE NO. 9242
Published in the Baytown
Sun on October 18, 2001
and October 19, 2001
„Q� AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
is CHAPTER 6 "ALCOHOLIC BEVERAGES" ARTICLE I "IN GENERAL,"
SECTION 6 -2 "SALES NEAR SCHOOLS, CHURCHES OR HOSPITALS" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT THE
SALE OF ALCOHOLIC BEVERAGES WITHIN 300 FEET OF A PRIVATE
SCHOOL; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO /100 DOLLARS ($500.00); 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 6 "Alcoholic Beverages" Article j "In General," Section 6 -2
"Sales near schools, churches or Hospitals" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 6. ALCOHOLIC BEVERAGES
ARTICLE. I. IN GENERAL
0 Sec. 6 -2. Sales near schools, churches, hospitals or day care facilities.
(a) Offense.
(1) A ;dealer whose place of business is within 300 feet of a church, public or private
school or public 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 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
a. has held a valid license or permit continuously since prior to January 9,
1984, at such premises; or
b. is a holder of-
1 . 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
2. a license or permit covering a premise where minors are prohibited
from entering under Section 109.53, V.T.C.A., Alcoholic Beverage
Code, and that is located within 300 feet of a private school.
;® (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 V.T.C.A., Alcoholic Beverage
Code ch. 25, 28, 32, 69 or 74; and
2. A food and beverage certificate;
b. The permit or license holder holds a permit or license in accordance with
the state alcoholic beverage code other than pursuant to V.T.C.A.,
Alcoholic Beverage Code ch. 25, 28, 32, 69 or 74;
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.
(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 or private school, day care center or child care
facility shall be
® a. in a direct line from the property line of the public or private school, day care
center or child care facility 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 the fifth story of a
multistory building, in a direct line from the property line of the public or
private school, day care center or child care facility 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.
(d) Definition.
(1) As used in this section, "private school" means a private school, including a
parochial school, that:
a. offers a course of instruction for students in one or more grades from
kindergarten through grade 12; and
b. has more than 100 students enrolled and attending courses at a single
location.
Section 2: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
NA
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 3: 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 4: 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 all provisions of this ordinance are declared to be
severable.
Section 5: 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 11th day of October, 2001.
ATTEST:
'�Z. A,) Jtl
G Y SMITH, City Clerk
APPROVED AS TO FORM:
A City Attorney
c:klh2 89 \CityCounci I\ Ordinance \PrivateSchoolAlcoholClean
3
PETE C. ALFARO, Nrayor