(A) Minimum distances from certain uses does not apply to:
(1) The renewal or transfer of a permit or license to sell alcoholic beverages, if the permit or license being renewed or transferred was originally issued before the date a church, public school, public hospital, day care center or child care facility use was established within 300 feet from the place of business named in the permit or license; or
(2) A new application at a location, if the sale of alcoholic beverages at the proposed place of business was authorized not less than one year before the date a church, public school, public hospital, day care center or child care facility use was established within 300 feet from the place of business, and the new application is filed no later than 90 days after the date the previous permit or license authorizing the sale of alcoholic beverages at that location expired or was terminated.
(B) Minimum distances from certain uses does not apply to a permit or license holder who sells alcoholic beverages if:
(1) The permit or license holder’s place of business and the day care center or child care facility are located on different stories of a multi-story building; or
(2) The permit or license holder’s place of business and the day care center or child care facility are located in separate buildings and either the permit or license holder’s place of business or the day care center or child care facility is located on the second story or higher of a multi-story building.
(Ord. 2010-03, passed 2-2-2010)