AN ORDINANCE AMENDING
THE BASTROP CITY CODE, CHAPTER 4,
TITLED BUSINESS AND COMMERCE, ARTICLE 4.104; RELATED TO SALE OF ALCOHOLIC
BEVERAGES - DISTANCE FROM CHURCH, SCHOOL OR HOSPITAL; PROVIDING A
SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP
TEXAS:
PART I: Sec. 4.104 -- "Distance from Church, School
or Hospital" shall be amended as follows:
Sec. 4.104 Distance
from Church, School or Hospital
No person shall sell or
engage in the business of selling any alcoholic beverage where the
place of business of such person is located within three hundred (300)
feet of any church, public or private school, or public hospital;
provided however, that the city council may provide variances to the
three hundred (300) foot limitation if the city council determines
that the enforcement of the regulation in a particular instance is
not in the best interst of the public, constitutes waste or inefficient
use of land or other resources, creates an undue hardship on an applicant
for a license or permit, does not serve its intended purpose, is not
effective or necessary, or for any other reason the council, after
consideration of the health, safety, and welfare of the public and
the equities of the situation, determines is in the best interest
of the community. For purposes of this Ordinance, the measurements
of the distance between such businesses and the affected churches,
schools, and hospitals shall be done in accordance with State law.
This Section does not apply to a holder of a license or permit who
also holds a food and beverage certificate covering a premises that
is located within three hundred feet (300') of a private school, as
the term "private school" is defined by the Texas Alcoholic
Beverage Code. Additionally, this Section shall not apply to any place
of business that is legally selling alcoholic beverages at the same
location for a continuous period of one (1) year next preceding the
establishment, construction or purchase of property for the establishment
or construction of a church, public or private school, or public hospital,
nor shall it apply to businesses that were in operation at the time
this ordinance was originally enacated, until such a time as such
businesses have a change in ownership.
[All provisions of Sec. 4.104 not specifically amended herein remain
as stated in the City Code of Ordinances.]
PART 2: Severability:
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of the Code, Article
4, or this Ordinance.
PART 3: Disclaimer:
This ordinance shall not create liability on the part of the community
or any official or employee thereof for any damages that result from
reliance on this ordinance or any administrative decision lawfully
made thereunder.
PART 4: Effective
Date: The provisions of this Ordinance shall take effect immediately
after passage and in accordance with applicable law.
READ and Acknowledged on
First Reading on the 22nd day of July 2003.
READ and Adopted on Second Reading on the 120th day of August 2003.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Miertschin, City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorneys
