§ 117.44 LOCATION RESTRICTIONS.
   (A)   No Class B (package store) license shall be issued for the retail sale of any alcoholic liquor within 100 feet of any church, school, 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 Class B licensees where sale of alcoholic liquor is not the principal business carried on. This prohibition on Class B licenses shall not apply to any renewal or transfer of a liquor license where a church, school, hospital, home for the aged or indigent persons or for veterans, their spouses or children, or any military or naval station locates within 100 feet of a licensed premises. For purposes of the location restrictions in this section, distance is to be measured from portal to portal, not from lot line to lot line, except in the case of a church or school, for which the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs.
   (B)   Excluding Class A (full service restaurant) licenses, Class G (restaurant; beer and wine only) licenses, Class H (limited service restaurant; beer and wine only) licenses, Class J (outdoor café license) licenses, Class L (limited service restaurant at a recreational facility) licenses, and Class N (bar and grill) licenses, no license for the sale of alcoholic liquor shall be issued if the premises to be licensed are located within 100 feet of premises for which the same class has already been issued. Excluding Class F (special event facilities) licenses that are to be held by the same liquor licensee, or that are to be held by different corporations where the ownership of the corporations are comprised of at least 50% of the same individuals, no license for the sale of alcoholic liquor shall be issued if the premises to be licensed are located within 500 feet of premises for which a Class F (special event facilities) license has already been issued.
   (C)   No Class A-1 (full service restaurant with video gaming) license may be issued to an establishment that is located within 1,000 feet of any other establishment with an A-1 (full service restaurant with video gaming) license.
   (D)   Except as provided in divisions (A), (B) and (C) above, there shall be no other restriction on the location of premises for which a liquor license can be issued.
(1997 Code, § 35.16) (Ord. 78-10, passed 5-25- 1978; Am. Ord. —, passed 7-22-1993; Am. Ord. CO-03-01, passed 1-6-2003; Am. Ord. CO-2011- 05, passed 3-1-2011; Am. Ord. CO-2015-14, passed 5-19-2015; Am. Ord. CO-2020-08, passed 3-17-2020; Am. Ord. CO-2020-29, passed 10-20- 2020; Am. Ord. CO-2023-36, passed 6-20-2023; Am. Ord. CO-2023-31, passed 7-11-2023)