As used in this article, the following terms
shall have the meanings indicated:
COMPETING LIQUOR LICENSE
A liquor license shall be deemed to be "competing" with,
and prohibited from moving near, only another liquor license in the
same class and type, as set forth in the definition of "liquor license"
below. A Class 1 plenary retail consumption license need not maintain
any particular distance from the other four types of liquor licenses,
and similarly, among all other liquor licenses and classes. Only similar
class liquor licenses, in the same category in the definition of "liquor
license" below, shall be deemed as "competing" and restricted as to
place of transfer.
DISTANCES
All distances, whether for the seven-hundred-fifty-foot restriction
or the two-hundred-fifty-foot saving clause, shall be measured as
a pedestrian would normally walk, from the main entrance of one premises,
along the nearest sidewalk, corner, crosswalk, street crossing or
other sidewalk or route, to the main entrance of the second premises.
LIQUOR LICENSE
All types of alcoholic beverage licenses and shall include:
A.
Plenary retail consumption licenses.
B.
Plenary retail distribution licenses.
C.
Limited distribution licenses.
E.
Any other class of license hereafter authorized.
RESTAURANT
A premises primarily devoted to the preparation, sale and
service of hot food and full meals, and which shall not have a public
bar, taproom or tavern in the premises. Taverns, taprooms and nightclubs
with public bars, although serving food, shall not be deemed "restaurants"
for the purposes of this article.
[Amended 12-7-1977 by Ord. No. 1271; 7-19-1978 by Ord. No.
1304; 11-21-1979 by Ord. No. 1365]
No liquor licenses shall hereafter be issued
or transferred to premises within 250 feet of other premises wherein
or whereon another liquor license of the same type is then in existence
or authorized.
[Amended 11-21-1979 by Ord. No. 1365]
A. The restriction in §
114-33 above shall not apply to the transfer of a competing liquor license to any premises or location so long as same is used as a restaurant without a public bar, taproom or tavern therein.
B. There shall be no exception to the restriction in §
114-33 above except as noted in Subsection
A above.