SALES NEAR DAY-CARE CENTER OR CHILD-CARE FACILITY.
Tex. ALCO. BEV Code § 109.331.
in effect(a) This section applies only to a permit or license holder under Chapter 25 , 28 , 32 , 69 , or 74 who does not hold a food and beverage certificate.
(b) Except as provided by this subsection, the provisions of Section 109.33 relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002 , Human Resources Code. Sections 109.33 (a)(2) and (c) do not apply to a day-care center or child-care facility.
(c) This section does not apply to a permit or license holder who sells alcoholic beverages if:
(1) the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or
(2) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.
(d) This section does not apply to a family home, specialized child-care home, or agency foster home as those terms are defined by Section 42.002 , Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1997.