§ 4-40. Location of licensed operation—Distance requirements from schools and church buildings.

(a)

Licenses shall be issued only for locations in areas with one of the following zoning designations:

(1)

Neighborhood Shopping District (NS).

(2)

Highway Business District (HB).

(3)

Central Business District (CBD).

(4)

Planned Shopping Center District (PSC).

(5)

Office-Commercial Multi-Story District (OCMS).

(6)

Restricted Industrial District (M1).

(7)

Institutional District (INST) subject to the grant of a conditional use permit which shall only be issued after consideration of the following factors:

a.

Proximity and access of the proposed use to a church building;

b.

Proximity and access of the proposed use to a school, day care center, and recreation facility;

c.

Proximity and access of the proposed use to a residential development; and

d.

All of the factors delineated in section 4-39(b).

(8)

Multiple Use District (MU) subject to the grant of a conditional use permit which shall only be issued after consideration of the following factors:

(a)

Proximity and access of the proposed use to a church building;

(b)

Proximity and access of the proposed use to a school, day care center, and recreation facility;

(c)

Proximity and access of the proposed use to a residential development; and

(d)

All of the factors delineated in section 4-39(b).

(b)

No person may manufacture, sell or offer to sell wine or malt beverages in or within 100 yards of a church or any school building, daycare facility or alcohol treatment facility.

(c)

No person may manufacture, distill, sell or offer to sell distilled spirits in or within 100 yards of a church or alcohol treatment facility, or within 200 yards of any school building or daycare facility.

(d)

For purposes of this section, distance shall be measured in a straight line from the front door of the structure from which the alcoholic beverages are manufactured, distilled, sold or offered for sale, in a straight line to the nearest public sidewalk, walkway, street, road or highway, along such public sidewalk, walkway street, road or highway by the nearest route to the front door of the school building, educational building, college campus building, church building, or alcohol treatment facility.

(e)

As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school or daycare or alcohol treatment facility within the distance prohibited in this section shall not prevent the continuance of an existing license or the renewal thereof or the issuance of a new license to any subsequent owner of such property so long as there is not a period of 12 months or more during which there is no manufacture, distillation, or sale of alcoholic beverages occurring on the premises.

( Ord. of 3-19-2013(1) , § 15; Ord. of 11-19-2013 , § 6)