A. Location:
1. No retail package store or any other business licensed by this chapter shall be located or operated at any place, except at locations permitted by the city's zoning or planning laws. (1990 Code § 3-107)
2. The location of a retail package store is specifically prohibited within three hundred feet (300') from any church property primarily and regularly used for worship services and religious activities, or a public school. However, if any such church or school shall be established within three hundred feet (300') of any licensed retail premises after such premises has been licensed, this shall not be a bar to the renewal of such license so long as it has been in continuous force and effect. 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 package store. For the purpose of determining the measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school. A license shall not be issued for a location on any block where a school or church is located. (Ord. 692, 12-1-2008)
B. Conditions Of Sale:
1. No person shall sell or deliver alcoholic beverages out of any retail alcoholic beverage store other than:
a. In retail containers;
b. At ordinary room temperatures;
c. In the original package; and
d. For consumption off the premises.
2. No person owning, employed in, or in any manner assisting in the maintenance and operation of such a store shall suffer or permit any alcoholic beverage to be consumed, or any retail container of such beverage to be opened on the premises of such a store. (1990 Code § 3-108)
C. Consumption On Premises Prohibited: No person shall drink or consume in any manner any alcoholic beverage on the premises of a retail alcoholic beverage package store; neither shall a person open or break the seal of any original package or retail container containing alcoholic beverages on the premises of any such retail beverage store. (1990 Code § 3-109)
D. Separate Premises Required:
1. No person shall maintain, operate, or assist, in any manner, the maintenance or operation of a retail alcoholic beverage store or package store in premises which are not separated from adjoining premises on which any other goods, wares, or merchandise are sold or services are rendered by nontransparent walls, broken only, if at all, by a passageway to which the public is not admitted.
2. No person shall take any alcoholic beverage through any passageway described in this section, for the purpose of selling or reselling such beverage, or for the purpose of delivery thereof in connection with a sale of such beverage. (1990 Code § 3-115)