(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 § 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 § 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 § 42.002, Human Resources Code.