(A) It shall be unlawful for any mixed beverage establishment, beer and/or wine establishment, or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services or religious activities. The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club, or retail package store which has been licensed to sell alcoholic beverages.
(B) If any school or church shall be established within 300 feet of any retail package store, mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section after such retail package store, mixed beverage establishment, beer and wine establishment, or bottle club has been licensed, the provisions of division (A) shall not be a deterrent to the renewal of such license if there has not been a lapse in actual operation for a continuous period of more than 60 days. When any mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section which has a license to sell alcoholic beverages for on-premises consumption or a retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provision of this section shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified.
(2002 Code, § 115.23) (Ord. 612, passed 11-13-2007; Ord. 770, passed 9-12-2016; Ord. 874, passed 2-8-2021)
Penalty, see § 115.99