§ 9-5. Day-care center's or child-care facilities.

(a)

This section applies only to a permit or license holder pursuant to Chapters 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate.

(b)

Except as provided by this subsection, the provisions of this chapter relating to a public or private school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002 of the Texas Human Resources Code. Sections 9-2(a)(2) and (c) of this chapter 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 the 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 foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Section 42.002 of the Texas Human Resources Code.

(Ord. No. O-11-11, § 5, 5-9-11)