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TOWN OF PROSPER, TEXAS ORDINANCE NO.: -���Z�!
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ADOPTING SECTION 4.02.002 (SALE OF
ALCOHOLIC BEVERAGES NEAR A CHURCH, SCHOOL OR PUBLIC
HOSPITAL) OF ARTICLE 4.02 (ALCOHOLIC BEVERAGES) OF
CHAPTER 4 (BUSINESS REGULATIONS) OF THE PROSPER CODE OF
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas has investigated and
determined that it is in the best interest of the citizens of the Town of Prosper, Texas ("Prosper")
to adopt Section 4.02.002 (Sale of Alcoholic Beverages Near a Church, School or Public
Hospital) of Article 4.02 (Alcoholic Beverages) of Chapter 4 (Business Regulations) of the
Prosper Code of Ordinances, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incornorated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: Adoptin� Section 4.02.002 (Sale of Alcoholic Beverages Near a
Church, School or Public Hospital) of Article 4.02 (Alcoholic Beverages) of Chapter 4
�Business Regulations) of the Prosper Code of Ordinances. Section 4.02.002 (Sale of
Alcoholic Beverages Near a Church, School or Public Hospital) of Article 4.02 (Alcoholic
Beverages) of Chapter 4 (Business Regulations) of the Prosper Code of Ordinances is hereby
adopted as follows:
"Sec. 4.02.002 Sale of alcoholic beverages near a church, school or
public hospital
No person, as defined by the Texas Alcoholic Beverage Code, as amended,
("TABC") shall sell alcoholic beverages if the place of business is within three
hundred (300) feet of a church, public or private school ar public hospital except
as provided by the TABC. The sale of alcoholic beverages is also prohibited
within one thousand (1,000) feet of a private school if the Town Council adopts
by resolution a request for the one thousand (1,000) foot separation from the
governing body of a private school. 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 direct line across intersections. The measurement of the
distance between the place of business where alcoholic beverages are sold and the
public or private school shall be:
ORDINANCE AMENDING CFIAPTER 4(BUSINESS REGULATIONS�,
ART.4.02(ALCOHOLIC BEVERAGES�OF PROSPER'S CODE O�ORDINANCES PAGE 1 OF 2
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(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 a permit or license holder is located on or above the fifth (Sth) 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 of the
�I
floor on which the permit or license holder is located.
Notwithstanding any provision provided herein, this Section 4.02.002 does not
affect the provisions of Chapter 3, Subsection 1.4(16) and (26) or Chapter 3,
Section 2 of Pros er's Zonin Ordinance No. OS-20 m "
p g , as a ended ( Zonin�
� Ordinance"); provided, however, this Section 4.02.002 shall apply to all other
uses set forth in Chapter 3, Subsection 1.3, regardless of whether said uses are
defined in Chapter 3, Section 2 of the Zoning Ordinance."
SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or mare
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 4: Effective Date. This Ordinance shall become effective from and after
its adoption.
DULY PASSED AND APPRQ�VED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this�1��" day of October, 2012.
�
RA SMIT , Mayor
ATTESTED TO AND APPROVED AS TO FORM:
CORRECTLY RECORDED BY:
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Amy Piukana, C ' Abernathy Roeder Boyd& Joplin, P.C.
Town Secretary Rebecca Brewer, Town Attorneys
ORDINANCE AMENDING CHAPTER 4(BUSINESS REGULATIONS�,
ART.4.02(ALCOHOLIC BEVERAGES�OF PROSPER'S CODE OF ORDINANCES PAGE 2 OF 2
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