(A) Retail package stores. No person shall own, operate, maintain or have any interest in any retail package store which is located at a place in the town which is forbidden as a location for such store by state laws or town ordinances.
(B) Retail package stores and mixed beverage establishments.
(1) It shall be unlawful for any mixed beverage establishment, beer and wine establishment, or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities.
(2) The distance indicated in this division (B) shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club or retail package store which has been licensed to sell alcoholic beverages.
(3) The provisions of this division (B) shall not apply to mixed beverage establishments, beer and wine establishments or bottle clubs, which have been licensed to sell alcoholic beverages for on premises consumption or retail package stores prior to 11-1-2000; provided, if, at the time of application for license renewal, the licensed location has not been in actual operation for a continuous period of more than 60 days, the license shall not be renewed.
(4) If any school or church shall be established within 300 feet of any retail package store, mixed beverage establishment, beer and wine establishment or bottle club subject to the provisions of this division (B) after such retail package store, mixed beverage establishment, beer and wine establishment or bottle club has been licensed, the provisions of this division (B) shall not be a deterrent to the renewal of such license if there has not been a lapse of more than 60 days.
(5) When any mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this division (B) which has a license to sell alcoholic beverages for on premises consumption or retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provisions of this division (B) shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified.
(Prior Code, § 3-2-5)