Pottsboro City Zoning Code
SECTION 22
BUSINESSES SELLING ALCOHOLIC BEVERAGES
§ 22.1 Requirements.
The following requirements shall apply to establishments upon which the sale of alcoholic beverages, within the city limits of the City of Pottsboro, Texas, is for on-premises consumption or for off-premises consumption:
(a)
Alcoholic Beverage Establishment:
Any establishment that derives seventy-five percent (75%) or more of its gross revenues on a quarterly basis from the sale or service of alcoholic beverages, as defined by the Tex. Alc. Bev. Code, as amended, for on-premises consumption.
(1)
Alcoholic Beverage Establishments shall be subject to compliance with the Tex. Alc. Bev. Code, as amended, and any applicable local option elections.
(2)
An Alcoholic Beverage Establishment is permitted only by SUP in B-1, B-2 and I zoning districts.
(3)
The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in sec. 109.331, Tex. Alc. Bev. Code, as amended.
(4)
An Alcoholic Beverage Establishment shall not be located within:
(a)
Three hundred (240) feet from a church, public hospital, public school and/or private school;
(b)
One thousand (1,000) feet from a public school if the City Council receives a request for this additional spacing requirement from the school district, and the City Council adopts such additional spacing requirements by resolution; or
(c)
One thousand (1,000) feet from a private school if the City Council receives a request for this additional spacing requirement from the board of the private school, and the City Council adopts the additional spacing requirements by resolution.
(d)
Measurement for the distance between an Alcoholic Beverage Establishment and the uses listed above or the nearest residential zoning district shall be in a direct line from the Property Line of the applicable use listed above or the nearest residential zoning district to the Property Line of the Alcoholic Beverage Establishment, and in a direct line across intersections.
(e)
There shall be no variances considered with regard to the regulations set forth herein.
(b)
Alcoholic Beverage Sales:
Any establishment, place of business or person engaged in the selling of alcoholic beverages, as defined by the Tex. Alc. Bev. Code, as amended, to the general public for off-premises personal or household consumption.
(1)
Alcoholic Beverage Sales shall be subject to compliance with the Tex. Alc. Bev. Code, as amended, and any applicable local option elections.
(2)
(Reserved).
(3)
Beer sales are not permitted in districts zoned solely as residential; however, beer sales may be allowed in a mixed-use development and in a PD district.
(4)
Pursuant to the City Charter, the sale of liquor, as defined in the Tex. Alc. Bev. Code, as amended, shall be prohibited by a person or entity holding a package store permit, as described in the Tex. Alc. Bev. Code, as amended, in any zoning district which allows, in whole or in part, residential development in the City.
(5)
The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in sec. 109.331, Tex. Alc. Bev. Code, as amended.
(6)
Alcoholic Beverage Sales shall not be located within the following:
(a)
Three hundred (240) feet from a church, public school, private school and/or public hospital. However, Alcoholic Beverage Sales may be located within three hundred (240) feet of a private school if minors are prohibited from entering the place of business, as required by sec. 109.53, Tex. Alc. Bev. Code, as amended; or
(b)
One thousand (1,000) feet from a private school if the City Council receives a request for this additional spacing requirement from the board of the private school, and the City Council adopts the additional spacing requirements by resolution. But the City Council may not adopt this additional spacing requirement if: (i) minors are prohibited from entering the place of business engaged in Alcoholic Beverage Sales, pursuant to Section 109.53, Tex. Alc. Bev. Code, as amended; (ii) the holder of a retail off-premises consumption permit or license if less than fifty percent (50%) of the gross receipt for the premises, excluding the sale of items subject to the motor fuels are from the sale or service of alcoholic beverages; or (iii) the holder of a license or permit issued under Chapter 27, 31 or 72, Tex. Alc. Bev. Code, as amended, who is operating on the premises of a private school.
(7)
Measurement of the distance between the place of business engaged in Alcoholic Beverage Sales and the church or public hospital shall be along the property line of the street fronts, from front door to front door, and in a direct line across intersections. Measurement for the distance between the place of business engaged in Alcoholic Beverage Sales and a 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 Alcoholic Beverage Sales are located on or above the fifth (5th) 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 floor on which Alcoholic Beverage Sales are located.
(8)
In accordance with sec. 109.33, Tex. Alc. Bev. Code, as amended, in this Subsection 20.3(c), “private school” means a private school, including a parochial school, that:
(9)
If at any time an original Alcoholic Beverage permit or license is granted by the Texas Alcoholic Beverage Commission to an establishment, place of business or person and the establishment, place of business or person satisfies the requirements regarding the distance requirements in this Subsection 20.3(c), then the same shall be deemed to satisfy the distance requirements for all subject renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.
(10)
There shall be no variances considered with regard to the regulations set forth herein.
(Ordinance 1449 adopted 8/3/20)
§ 22.3 Lighting.
Establishments engaged in the sale of alcoholic beverages, within the city limits of the City of Pottsboro, for on-premises or off-premises consumption, shall have sufficient lighting, and such lighting shall not be directed toward any adjacent residential areas, and also provides illumination to at least twenty-five (25) foot-candles in all areas of the premises for security and safety purposes.
(Ordinance 1449 adopted 8/3/20)