Alcoholic Beverage Sales Distance Variance
Sec. 4.02.002 – Sale of Alcoholic Beverages Near a Church, Public or Private School, or Public Hospital
- The sale of alcoholic beverages within 300 feet of a church, public or private school, or public hospital is prohibited.
- 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 a direct line across intersections.
- (1) The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be from the nearest property line of the public or private school to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections.
(2) If the permit or license holder is located on or above the fifth story of a multistory building, the measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be 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 of the floor on which the permit or license holder is located.
- The provisions in this section relating to a public school also apply to a day-care center and a child-care facility as those terms are defined in the Texas Human Resources Code, Section 42.002.
e. In this section, "private school" means a private school, including a parochial school, that offers a course of instruction for students in one or more grades from kindergarten through grade 12; and has more than 100 students enrolled and attending courses at a single location.
Sec. 4.02.003 - Variances to the sale of alcoholic beverages.
The city council may allow variances to the provisions of section 4.02.002 above if the council determines that enforcement of that section is not in the best interest of the public, constitutes waste or inefficient use of the 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 city 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.
Variance Request Process
To apply for a variance to sell alcoholic beverages within 300’ of a church, public or private school, public hospital, or daycare, please submit with this application a letter requesting to sell alcohol within a restricted area along with the reason(s) you would like the City Council to consider the variance request. Optional supplementary documentation like site plans, building layouts, business plans, etc. can also be submitted with this application for the City Council to consider when they’re reviewing the variance request.
Upon receipt of a variance request and payment of applicable fees, a notice will be placed in the Manor Journal and notices mailed to all property owners within 300’ of the property. The notice will provide the date and time of the public hearing before the City Council. Notices are sent out at least 15 days prior to the public hearing.
Variance Fee
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Application
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$100.00
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Public Hearing Notice (newspaper)
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$150.00
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Property Owner (all property owners within 300’)
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$5.00/per property owner
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The variance request must be paid prior to scheduling the public hearing before the City Council. If the variance is approved, an invoice for the Alcohol Beverage Permit fees will be provided.