1. Location. The location of a retail package store is specifically prohibited within 300 feet of a public school, or any church property primarily and regularly used for worship services and religious activities; provided, that, if any such church or school shall be established within 300 feet of any licensed retail premises after such premises have been licensed, this shall not be a bar to the renewal of such license so long as it has been in continuous force and effect. The distance indicated in this section shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of such package store, along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For the purpose of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school. A license shall not be issued for any location on the same block where a school or church is located.
2. Separate premises. It shall be unlawful for any person to operate or maintain, or to assist in the operation or maintenance of, any retail package store when the premises are not separated from the premises on which any other goods, wares or merchandise are sold or services are rendered, by non-transparent walls (which may be broken by a passageway to which the public is not admitted). It shall be unlawful for any person to take any alcoholic beverage from such store through said passageway to which the public is not admitted, for the purpose of selling, re-selling or delivering in connection with the sale of, said alcoholic beverages.
3. Hours of operation. It shall be unlawful for any person holding a license for a retail package store, or any employee or agent thereof, to keep the premises of the retail package store open for the purpose of selling, or keep package store premises open for the purpose of selling, any alcoholic beverages at any hour other than between the hours of 8:00 a.m. and midnight Monday through Saturday; provided, that no such sales shall be made, or package store premises be allowed to remain open for the purpose of making such sales on Thanksgiving Day or Christmas Day. Package store licensees shall be permitted to sell, or keep package store premises open for the purpose of selling, alcoholic beverages on the day of any general, primary, runoff primary or special election whether on a national, state, county or city election, provided that the election day does not occur on any day on which such sales are otherwise prohibited by law.
4. Conditions of sale. Retail package stores may sell alcoholic beverages only in retail containers in the original package for consumption off the premises.
5. Offenses. It shall be unlawful for any person holding a license for a retail package store, or any employee or agent thereof, to:
a. Knowingly sell, deliver or furnish any alcoholic beverages to any person under 21 years of age, an intoxicated person or any person who has been legally adjudged insane or mentally deficient;
b. Employ any person under 21 years of age in the selling or handling of alcoholic beverages;
c. Permit any person under 21 years of age to enter into, remain within or loiter about a licensed premises; or
d. Permit any person to open a retail container or consume alcoholic beverages on the premises of a retail package store.
(Ord. 2023-15, passed 12-11-2023)