(a) A water park permit may be issued only to a person who:
(1) holds a wine and malt beverage retailer's permit under Chapter 25; and
(2) operates a public venue that:
(A) involves waterslides, food service, music, and amusement activities; and
(B) is located primarily along the banks of the Comal River.
(b) A person described by Subsection (a) may be issued water park permits for not more than five premises:
(1) for which wine and malt beverage retailer's permits have been issued under Chapter 25; and
(2) that are located:
(A) in the public venue described in Subsection (a)(2); or
(B) not more than one mile from the boundary of that venue.