§ 4-11. Proximity to churches, public schools and hospitals.

(a)

It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within 300 feet of any church, public school or public hospital.

(b)

The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct lines across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. For any premises where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code § 109.53, the measurement of the distance between the place of business where alcoholic beverages are sold and a public school shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections. For any place of business which was legally licensed or permitted by the Texas Alcoholic Beverage Commission and the City of Grapevine on September 1, 1983, and which business has been continuously in operation from that date, whether or not under the same license or permit, the measurement of the distance between the place of business and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

(c)

The city council may allow a variance to this section if it determines that the enforcement of the regulations in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. No variance may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet of the location of said business seeking a variance, to be measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections, such notice to be given not less than ten days before the date set for hearing, to all such owners who have rendered said property for city taxes as the ownership appears on the last approved city tax roll.

(Ord. No. 73-33, § 8, 8-30-73; Ord. No. 74-16, § 8, 6-4-74; Ord. No. 78-16, § 1, 3-21-78; Ord. No. 85-07, § 1, 2-19-85)