A. Consent Of Property Owners Prerequisite:
1. No Class A license shall be issued for any locality in the City unless the owner or owners of two-thirds (2/3) of the individual parcels of property, located within three hundred feet (300') in all directions from the property line of the property on which the proposed license would be issued, grant written consent to use such place of business for the sale of alcoholic liquors of any nature; provided, however, that this section is not applicable to special event licenses as set forth in section 4-4-9 of this chapter. (Ord. 6301, 6-24-1998)
2. No Class B, C, D, E, F or I license shall be issued for any locality in the City unless the owner or owners of two-thirds (2/3) of the individual parcels of residentially zoned property and medical or higher education zoned property located within three hundred feet (300') in all directions from the property line of the property on which the proposed license would be issued, grant written consent to use such place of business for the sale of alcoholic liquors by the particular class of license requested.
3. "Property", as used in this section, shall not include property or properties owned by any unit of government or by any not for profit corporation or organization, and such property or properties shall be excluded in determining the consents required for issuance of liquor licenses.
B. Continuing Effect Of Consent: Any and all consents of property owners given or granted for the use of premises for sale of any alcoholic liquors shall continue in effect regardless of change of the licensee owning or operating the business of selling alcoholic liquors on such premises unless a subsequent licensee requests a different license classification be granted other than that approved at the time written consent was secured. Any consent given shall be valid for one year from the date of the execution of the consent or until revoked in writing by the person who gave the consent, whichever shall first occur. If no liquor license is in effect for a particular premises for a continuous period of three (3) years or more, the previously granted consents shall be considered null and void and an applicant for a liquor license at those premises shall be required to obtain new consents as required by this chapter. (Ord. 7303, 3-28-2012)
C. Exceptions: Notwithstanding the foregoing, the provisions of this section shall not apply to any:
1. Business situated in a shopping center if the entrance to said business is more than one hundred feet (100') from the nearest street as measured by the shortest possible line. For the purpose of this section, a shopping center is defined as a group or cluster of four (4) or more business establishments, having a common connection in the same primary structure or building.
2. Business situated in a "hotel" as that term is defined in this chapter.
3. Locality in the City, as to Class B or C licenses, proposed to be licensed if the owner or operator of the locality proposed to be licensed is transferring a current license from a validly existing location within the same city block. "Within the same city block", as used herein, shall be defined as an area not divided by any through street, highway or alley. (Ord. 5736, 1-27-1993)