A. Location: The location of a retail package store is specifically prohibited within three hundred (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 three hundred (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. A license shall not be issued for any location on the same block where a school or church is located.
B. 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 beverage.
C. 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 to sell, any alcoholic beverages at any hour other than between the hours of ten o'clock (10:00) A.M. and nine o'clock (9:00) P.M, Monday through Saturday; or to keep such premises open for such purposes on the day of any general, primary, runoff primary or special election; or on New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day.
D. Conditions Of Sale: Retail package stores may sell alcoholic beverages: (a) only in retail containers in the original package for consumption off the premises; and (b) only at ordinary room temperature.
E. Offenses: It shall be unlawful for any person holding a license for a retail package store, or any employee or agent thereof, to:
1. Knowingly sell, deliver or furnish any alcoholic beverages to any person under twenty-one (21) years of age, an intoxicated person or any person who has been legally adjudged insane or mentally deficient;
2. Employ any person under twenty-one (21) years of age in the selling or handling of alcoholic beverages;
3. Permit any person under twenty-one (21) years of age to enter, remain within or loiter about a licensed premise; or
4. Permit any person to open a retail container or consume alcoholic beverages on the premises of a retail package store.
(Ord. 96, 10-26-2020)