Sec. 109.331.  SALES NEAR DAY-CARE CENTER OR CHILD-CARE FACILITY.  (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.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 1, eff. September 1, 2017.