A.
A sales-by-drink, retail package, Wholesale, or Manufacturer licenses
shall not be issued by the Enforcement Agency for a new location or
for the expansion of existing premises until there has been shown
compliance with the requirements of South Metropolitan Fire Protection
District, Cass County Health Department, building code and zoning
ordinances of the City, and hold a valid Cass County liquor license.
B.
No alcoholic beverage license shall be issued for any premises when
such premises is within one hundred (100) feet of a traditional pre
K-12 school or church, measured in accordance with Title I-Definitions
of this Code. Distances are measured in accordance with Title I-Definitions
of this Code.
C.
A licensee legally established within one hundred (100) feet of a
church or school prior to the adoption of this Chapter, who may lose
his or her location due to any governmental action, federal, state,
county or city, or upon proof of loss of lease or premises through
no fault of the licensee, or complete destruction of the premises
by fire or flood, may at the discretion of the Enforcement Agency
relocate within one hundred (100) feet of the original church or school
location; provided, that the desired premises meets all other requirements
of this Chapter and is not within one hundred (100) feet of another
church or school. Distances are measured in accordance with Title
I-Definitions of this Code.
