(a) This section applies only to a permit or license holder under Chapter 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 § 27.9.5 of this Code 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, Texas Human Resources Code.
(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 foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Section 42.002, Texas Human Resources Code.