(1) No certificate of compliance shall be granted and no retail store for the sale of alcoholic beverages shall be allowed to operate where such store would not be a permitted use under the provisions of the Cookeville Zoning Code.
(2) No certificate of compliance for a retail liquor store shall be issued and no retail liquor store shall be allowed to operate if the proposed store would be located within two hundred feet (200') of any church as defined in this chapter in § 8-301(3). The distance between a retail liquor store and a church shall be measured from the closest outside wall of the proposed retail liquor store and the closest outside wall of the church building.
(3) No certificate of compliance for a retail liquor store shall be issued and no retail liquor store shall be allowed to operate if the proposed store would be located within four hundred feet (400') from a school as defined in this chapter in § 8-301(4). The distance between a retail liquor store and a school shall be measured from the nearest location of such school ground to the closest outside wall of the proposed retail liquor store.
(4) No certificate of compliance for a retail liquor store shall be issued and no retail liquor store shall be allowed to operate if the proposed store would be located within two hundred feet (200') of any university or technical school as defined in this chapter in § 8-301(5). The distance between a retail liquor store and a university or technical school shall be measured from the closest outside wall of the proposed retail liquor store and the closest outside wall of the nearest university or technical school building.
(5) All measurements shall be in a straight line. In the event that a proposed retail liquor store is located in a shopping center or other multi-tenant building, the measurement shall be made at the nearest wall of the unit to be occupied by the retail liquor store. It shall be the responsibility of the applicant to certify that the proposed retail liquor store meets or exceeds the distance requirements required in this section. At the request of the city, the applicant shall be required to submit a survey demonstrating the property meets the distance requirements.
(6) Any retail liquor store authorized by this chapter shall contain a minimum floor space of one thousand (1,000) square feet that is accessible to the public.
(7) Drive-through windows are not permitted.
(8) In the event any existing retail liquor store must be relocated or removed from its location as a result of any federal, state, or local government's or governmental agency's acquisition of property through condemnation or other exercise of eminent domain power, then the store may be relocated to any other location where the store would comply with subsections (1) through (7) of this section
(9) No certificate of compliance for the "retail food store" will be granted unless the retail food store complies with Tennessee Code Annotated, § 57-3-802 and as subsequently amended with respect to sales and size.
(10) The distance between distilleries manufacturing distilled spirits shall be a minimum of one thousand feet (1000') as defined in Tennessee Code Annotated, § 57-2-103(6) and as subsequently amended.
(as added by Ord. #011-01-01, Feb. 2011, as amended by Ord. #015-08-20, Aug. 2015, and Ord. #O18-05-11, May 2018)