(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 the aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on; 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 such church or school has been established within 100 feet since the issuance of the original license.
(B) In determining whether any retail place of business is within 100 feet of any institution, named heretofore in this chapter, such retail place of business shall be considered to be 100 feet or more distant from any such institution, if it is 100 feet or more in any direction by measurement in a straight line from the nearest property boundary of such business to the nearest boundary of any such institution, with the exception that in the case of a church, the distance of 100 feet shall be measured from the nearest property boundary of the business to the nearest part of any building used for religious worship services or religious educational programs, and not to property boundaries of the building used for religious worship services or religious educational programs.
(C) Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
('71 Code, § 4-17-9(C))
(Am. Ord. 2287, passed 6-28-82; Am. Ord. 3046, passed 4-8-96; Am. Ord. 3605, passed 4-27-09; Am. Ord. 3609, passed 5-11-09)