(A) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any: church; school, other than an institution of higher learning; hospital; home for aged or indigent persons; or any military or naval station. This prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants or other places where the sale of alcoholic liquors is not the principal business (less than 50% of gross sales as determined by the Liquor Commissioner) carried on, if the place of business so exempted shall have been established for such purposes prior to the taking effect of this chapter; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within 100 feet since the issuance of the original license.
(B) In the case of a hospital, the distance of 100 feet shall be measured to the nearest part of any building used for the provision of medical services to patients and not to property boundaries. In all other cases, the distance of 100 feet shall be measured from the nearest point of any lot, tract or parcel having a structure used for those purposes set forth in subsection (A) above, to the nearest point of any lot, tract or parcel on which there exists a single building used for the sale at retail of alcoholic liquor, provided that any “group” of lots, tracts or parcels that are from a practical or operational perspective, under the control of an applicant shall be considered one lot, tract, or parcel.
(C) Where multiple stores are contained in one building, the measurement of 100 feet shall be to that portion of the building owned, operated, or leased by a business which includes the sale of alcoholic beverages. If the sale of alcoholic liquor is contained in a separate area with no direct access to the balance of the store, the measurement shall be to the nearest wall of the store selling alcoholic beverages.
(D) Businesses licensed under the provisions of this chapter prior to the effective date of this chapter shall not be required to conform to the spacing provisions of this section, and they shall be allowed to rebuild and expand, except that such a business shall not be allowed to expand in such a way as to place it closer to a school or church, as herein defined.
(Ord. 7728, passed 9-20-94; Am. Ord. 8327, passed 11-4-03; Am. Ord. 8784, passed 2-7-12) Penalties, see § 96.99