(A) Application. Any person, firm, or corporation wishing to sell or dispense any alcoholic beverages within the city shall make written application for a city business tax receipt accompanied by the following:
(1) Evidence that the applicant holds, or will hold upon issuance of the business tax receipt, a valid, current state beverage license.
(2) Evidence that the establishment at which the alcoholic beverages will be sold or dispensed meets all local zoning, land use and locational criteria.
(B) Reporting requirements. Any person, firm, or corporation issued a business tax receipt for a restaurant or retail establishment with incidental alcoholic beverage sales shall file a report with the city. The reporting period shall be from January through June, and from June through December, or fraction thereof. No later than July 15 and January 15, business owners shall provide documentation of the revenues in the previous six-month reporting period, based on the formula set forth in § 154.09, under the definition of “Semiannual Percentage of Alcohol Sales.” It shall be unlawful for any person, firm, or corporation holding a business tax receipt for a restaurant or for a retail establishment with incidental alcoholic beverage sales to fail to comply with the reporting requirements stated above.
(1) Failure to comply with the reporting requirements stated above shall result in penalties as provided in § 154.999.
(2) If the semi-annual average percentage of alcoholic beverage sales exceeds the maximum percentage allowed by this code, as noted on the business tax receipt, the holder of the receipt shall be notified in writing that he or she has six months to comply with the requirements of this code in respect to sales ratios or be subject to revocation of that receipt.
(3) Drive-in businesses which serve alcoholic beverages for the consumption on premises and bottle clubs as defined in this chapter shall also be subject to the distance, zoning, reporting, and licensing requirements of this chapter.
(C) Separation requirements.
(1) Restaurants, as defined by this chapter, which have a DC, Downtown Centre, zoning designation, shall have no separation
requirements from churches, schools, single- family residential, other restaurants and/or alcoholic beverage establishments.
(2) Craft breweries, and beer gardens, as defined by this chapter, which have a DC, Downtown Centre, zoning designation, shall have a 300-foot separation requirement from other craft breweries, and beer gardens, and a 500-foot separation requirement from churches; schools; and single-family residential that is not within the Downtown Development District.
(3) Bars/cocktail lounges, as defined by this chapter. which have a DC, Downtown Centre, zoning designation, shall have a 500-foot separation requirements from other alcoholic beverage establishments, and a 1,000-foot separation from churches; schools; and single-family residential that is not within the Downtown Development District.
(4) Restaurants which serve alcohol for consumption on premises as defined by this chapter with a zoning designation other than DC, Downtown Centre, shall have a minimum separation of 300 feet from any church, school, or single-family residential zoning district or land use which permits single-family residential development. This separation may be lessened to 200 feet from single-family residential if there is no bar or no outdoor seating.
(5) Retail establishments with incidental alcoholic beverage sales as defined by this chapter shall have no separation requirements from churches, residential zoning, restaurants, and alcoholic beverage establishments or other retail establishments with incidental alcoholic beverage sales. There shall be a 500-foot separation from schools.
(6) All other alcoholic beverage establishments and/or bottle clubs as defined by this chapter, not already outlined in the above regulations, shall have a minimum separation of 1,000 feet from churches, and schools. Alcoholic beverage establishments and/or bottle clubs shall have a minimum separation of 500 feet from any single-family residential zoning district or land use which permits single-family residential development or from another alcoholic beverage establishment and/or bottle club.
(7) Retail establishments with package sales of alcoholic beverages shall have no separation requirements from churches, schools, other restaurants and/or other alcoholic beverage establishments.
(D) Measuring separation requirements. The following methodology shall be utilized when determining the required separation, per division (C)(2) and (4) above.
(1) Measurements from schools, churches, and single-family residential areas shall be in accordance with division (C) of this section.
(2) (a) Measurements between two alcoholic beverage establishments or bottle clubs shall be measured from the nearest exterior point of each establishment’s nearest exterior weight bearing wall.
(b) If alcoholic beverages are served or consumed outdoors by one or both establishments then the distance shall be measured from the nearest point of any area designated for the serving or consumption of alcohol if that distance is greater than the distance as measured in division (D)(2)(a) of this section.
(3) Establishments which serve alcoholic beverages within the principal structure, courtyard, or pool area of an approved hotel or motel site shall be exempt from the separation requirements between like establishments.
(4) Measurements between an alcoholic beverage establishment and a school, church, or single-family residential area shall be measured from the alcoholic beverage establishment’s nearest weight bearing wall to the nearest weight bearing wall of the school, church or residence. For vacant property zoned single-family residential, measurement shall be from the alcoholic beverage establishment’s nearest weight bearing wall to the property boundary line of the property zoned single-family residential.
(Ord. 241, passed 11-27-85; Am. Ord. 718, passed 10-6-94; Am. Ord. 1341, passed 1-21-10; Am. Ord. 1616, passed 11-21-19)
Penalty, see § 154.999