A. Near Certain Facilities:
1. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school, other than an institution of higher learning, hospital, home for 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 hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where the sale of alcoholic liquors is not the principal business carried on; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within one hundred feet (100') of any church or school where the church or school has been established within such one hundred feet (100') since the issuance of the original license. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
2. Nothing in this section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if:
a. The primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant;
b. The immediate prior owner or operator of the premises where the restaurant is located and operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the twenty four (24) months before the change of ownership; and
c. The restaurant is located seventy five (75) or more feet from a school.
3. Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
B. Compliance With Land Development Code: Nothing contained in this chapter shall be construed to permit the sale of alcoholic liquors in any place where the conduct of such business is prohibited under the terms of the city land development code.
(1989 Code § 7-313)
C. Change Of Location:
1. A class A, B, C, D, E, F, G, P or R license, shall permit the sale of alcoholic liquor only in the premises described in the application and license. Once a license has been granted for a particular premises, the local liquor control commissioner, upon application by the licensee, may endorse upon the license permission to abandon the premises therein described and to remove the license to another premises approved by him or her and described in the endorsement. The application for transfer shall be in writing under oath and shall fully describe the premises. The reasons for transfer shall be given and it shall be shown that the new premises comply in all respects with the requirements of this chapter and the statutes of the state.
2. If a licensee under this chapter does not use his or her license to actively operate an establishment for the sale of alcoholic liquor for a period of ninety (90) consecutive days, the mayor shall revoke the license and require its immediate surrender. The licensee shall not be entitled to a refund of any portion of the license fee.
(Ord. O-19-011, 6-17-2019)