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.
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