HomeMy WebLinkAboutResolution 4064-02-2012A Resolution
NO. 4064 -02 -2012
ESTABLISHING A REGULATION PROHIBITING THE SALE OF ALCOHOL
WITHIN 1,000 FEET OF ST. RITA CATHOLIC SCHOOL
WHEREAS pursuant to Section 109.33 of the Texas Alcoholic Beverage Code and
Section 4 -4 of Chapter 4, "Alcohol Beverages" of the Code of the City of Fort Worth, the
City of Fort Worth prohibits the sale of alcohol within three hundred (300) feet of
churches, schools and hospitals; and
WHEREAS Subsection (c) of Section 4 -4 allows the City Council to adopt a
resolution prohibiting the sale of alcohol within one thousand (1,000) feet of a private
school upon the request of the governing body of the school; and
WHEREAS the City received a request from the St. Rita Catholic School
Advisory Council, which serves as the governing body for the school, to adopt a
resolution which would prohibit the sale of alcohol within one thousand (1,000) feet of
the school; and
WHEREAS St. Rita Catholic School, located at 712 Weiler Boulevard in Fort
Worth, provides a Catholic education to 213 students in grades pre- kindergarten through
the eighth grade and an after - school care program; and
WHEREAS the students use the school, the green space around the school and the
church as part of their educational experience; and
WHEREAS the boundaries of the school and the parish are defined by fencing in
order to protect the safety of the students as they walk between the church and school for
classes and mass; and
WHEREAS the governing body of St. Rita Catholic School is requesting a one
thousand (1,000) foot prohibition around the school regarding the sale of alcohol to
provide increased safety for the students, to decrease traffic flow and to reflect the moral
health of the church and school;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. No person shall sell alcoholic beverages if the place of business is within
one thousand (1,000) feet of St. Rita Catholic School located at 712 Weiler
Boulevard, Fort Worth, Texas 76112; and
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Resolution No. 4064 -02 -2012
2. The measurement between the place of business where alcoholic beverages
are sold and St. Rita Catholic School shall be in a direct line from the
property line of the school to the property line of the place of business and
in a direct line across intersections as provided in Section 4 -4 of the City
Code; and
3. Pursuant to Section 4 -4 of the City Code, the one thousand (1,000) foot
prohibition shall not apply to:
(a) A holder of a retail on- premises consumption permit or license if less
than fifty (50) percent of the gross receipts for the premises is from the
sale or service of alcoholic beverages; or
(b) A holder of a retail off - premises consumption permit or license if less
than fifty (50) percent of the gross receipts for the premises, excluding
the sale of items subject to the motor fuels tax, is from the sale or
service of alcoholic beverages; or
(c) A holder of a wholesaler's, distributor's, brewer's, distiller's, and
rectifier's, winery, wine bottler's or manufacturer's permit or license,
or any other license or permit held by a wholesaler or manufacturer as
those words are ordinarily used and understood in Chapter 102 of the
Texas Alcoholic Beverage Code; or
(d) A holder of a license or permit issued under Chapter 27 (temporary and
special wine and beer retailer's permit), 31 (caterer's permit) or 72
(temporary license) of the Texas Alcoholic Beverage Code who is
operating on the premises of the private school; or
(e) A permit for a package store that is located within one thousand (1,000)
feet of a private school.
4. Premises which already possess a permit from the Texas and Alcoholic
Beverage Commission to sell alcohol and had previously met the distance
requirement for the original permit shall satisfy the distance requirement for
all renewals, unless the premises no longer complies with the exceptions set
out above.
Adopted this 21" day of February 2012.
ATTEST:
Mary J. Kayser,TITty Secretary
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