(a)
Distance requirements.
The sale of alcoholic beverages
shall be prohibited by a dealer whose place of business is within
300 feet of a church, public or private school, or public hospital.
(b)
State law.
This regulation is enacted under the provisions
of section 109.33 of the Alcoholic Beverage Code (“the code”),
and all of the definitions, measurements and related matters are set
forth in the code, as amended.
(c)
City secretary.
The city secretary shall have the authority
to:
(1)
Determine whether such place of business is within such 300 feet;
and
(2)
If such secretary determines that it does fall within such 300 feet
as prohibited herein, such secretary shall not certify such certificate
of city secretary or similar form promulgated by the state alcoholic
beverage commission that such place of business proposing to sell
alcohol is in compliance with city regulations.
(d)
Currently established businesses.
(1)
A currently established business that handles the sale of alcoholic beverages whose place of business is within 300 feet of a church, public or private school, or public hospital, at the passage of the ordinance from which this section derives shall not be prohibited from such activity. Such business, upon written request provided within 60 days after passage, may be added to the list contained in appendix A to the ordinance from which this section derives which shall constitute documented verification of exemption at the passage of this section.
(2)
Any relocation or major building modification will invalidate this
exemption.
(Ordinance 2003-021, sec. 2, adopted 1/20/04; Ordinance 2003-021, sec. 3, adopted 1/20/04)
