(a) It shall be unlawful for any person or entity engaged in the business of selling alcoholic beverages to sell the same at a place of business that is:
(1) Within 300 feet of a church, public or private school, or public hospital; or
(2) Within 1,000 feet of a private school if the City Council receives a request from the governing body of the private school.
(b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections.
(c) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be:
(1) In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(2) If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(d) The City Council may allow variances to the distance restrictions set forth in subsection (a) of this section, if the City Council determines that enforcement of the regulation 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 the equities of the situation, determines is in the best interest of the community.
(Ord. 10-19-10-2, passed 10-19-10) Penalty, see § 113.99