The following definitions shall apply to this article:
Alcoholic Beverage Code.
The laws of the state codified in the Alcoholic Beverage Code, as it now exists or may be amended.
Alcoholic Beverage.
Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, or includes beer.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, employee, officer, director, or shareholder of any of them.
Residential Area.
Any area of the city primarily composed of dwellings or places of residence. It shall be presumed that any area designated as an A, B, C, or E dwelling district on the zoning map provided in the city’s zoning ordinance (chapter 14 of this code) is a residential area.
(Ordinance 217-15 adopted 12/14/15)
(a) 
No person shall sell, offer for sale, or deliver alcoholic beverages, or maintain a place of business where alcoholic beverages are sold, offered for sale, delivered, or maintained for sale or consumption, either on-premises or off-premises, within three hundred (300) feet of any church, public school, day-care center, child-care facility, or public hospital.
(b) 
No person shall sell, offer for sale or deliver, or maintain a place of business for the sale or delivery of alcoholic beverages for either on-premises or off-premises consumption within a residential area.
(c) 
The measurement of the distance between any place of business described in subsection (a), above, and any church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurements of the distance between the place of business described in subsection (a), above, and the public schools, day-care centers or child-care facilities, shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections.
(Ordinance 217-15 adopted 12/14/15)
The city council may grant variances to the enforcement of this article if it determines that its enforcement in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety, and welfare of the public and equities of the situation, determines is in the best interest of the community.
(Ordinance 217-15 adopted 12/14/15)
(a) 
A violation of this article is a misdemeanor punishable, upon conviction, by a fine not to exceed $500.00. Each day that a violation occurs is a separate offense.
(b) 
In addition to the penalty above stated, the city shall have the right to enjoin any violation or continuing violation of this article. Any place of business or premises being operated in violation hereof is deemed to be a public nuisance.
(Ordinance 217-15 adopted 12/14/15)
In the event of any perceived or possible incompatibility of this article with the Alcoholic Beverage Code, this article shall be interpreted and applied in a manner not violative of the Alcoholic Beverage Code.
(Ordinance 217-15 adopted 12/14/15)
(a) 
There is hereby imposed a fee upon all holders of alcoholic beverage licenses within the city, except for temporary or agent’s beer licenses.
(b) 
There is hereby imposed a fee upon the holders of all alcoholic beverage permits within the city, except for agent’s, airline beverage, passenger train beverage, industrial, carrier’s, private carrier’s, private club registration, local cartage, storage, temporary wine and beer retailer’s permits, wine and beer retailer’s permits issued for a dining, buffet, or club car, and mixed beverage permits during the three-year period following the issuance of the permit.
(c) 
The fees imposed by subsections (a) and (b) will be equal to one-half (1/2) of the amount of the fee imposed by the state upon each permit or license.
(d) 
Payment of the fees imposed by this article is due and payable thirty days after the fee imposed by the state is due and payable.
(e) 
Any permittee or licensee violating the article commits a misdemeanor punishable by a fine of not less than $10.00 or more than $200.00.
(Ordinance 218-15 adopted 12/14/15)