(A) No person, firm, association or corporation shall establish a package liquor store, tavern, bar, and/or saloon within 500 feet of any structure being used as a quasi-public use as defined in § 158.002 (Definitions), without first obtaining a conditional use permit from the Hopkinsville Board of Zoning Adjustment.
(1) The 500 feet distance shall be measured from building to building - at their closest points to any established structure being used as a quasi-public use, except as may be provided herein; provided that nothing herein contained shall affect any such business, package liquor store, tavern, bar, and/or saloon, which was actually being legally carried on within such distance of any established quasi-public use on or before January 1, 2014.
(2) If any dispute arises between the applicant and the City Alcoholic Beverage Control Administrator regarding the distance, the applicant shall provide a survey prepared by a professional licensed surveyor verifying the distance from building to building.
(B) Upon application to the City Alcoholic Beverage Control Administrator, a person, firm, association or corporation applying to operate a package liquor store, tavern, bar, and/or saloon shall certify that there are no structures being used as a quasi-public use within 500 feet of the proposed location(s).
(2) In addition to adjoining property owners, any quasi-public use(s) within the 500 foot distance requirement shall be notified of the public hearing by registered mail.
(D) Pursuant to § 158.118 (Expiration of a Conditional Use), a conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease (to discontinue) for more than one year.
(E) Any person, firm, association or corporation applying to establish a package liquor store, tavern, bar, and/or saloon within the Special Use District (SUD) 41A as outlined in § 158.400 through § 158.411 shall obtain a conditional use permit from the Board of Zoning Adjustment, regardless of use classification. The conditional use permit may be processed concurrently with a development plan review by Community and Development Services, and may be reviewed by Community and Development Services assuming the duties of the Board of Zoning Adjustment pursuant to § 158.302 (Planning Commission; Proceedings; Duties).
(Ord. 19-2013, passed 11-5-2013)