(A) Generally. Except as otherwise provided, no license shall be issued for the sale at retail of any alcoholic liquor within 100 feet 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.
(B) Sale of liquor not the principal business. Except as to churches, day care, preschool, primary or secondary schools (public and private), the foregoing limitation 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.
(C) Renewal of existing license. The distance requirement set forth in division (A) above shall not apply to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within the 100 feet since the issuance of the original license. If a church locates within 100 feet of property for which there is a preexisting license to sell liquor at retail, the city may by ordinance adopted simultaneously with the granting of an initial special use permit for the church, provide that the 100-foot restriction in this section shall not apply to that church and to future retail liquor licenses.
(D) Measurement. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
(E) Special events. 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 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.
(F) Other regulations. All premises used for the sale of alcoholic liquors shall, additionally, be in compliance with all applicable provisions governing the premises, including, but not limited to, zoning regulations established by Chapter 162 of this code. The regulations shall include, but not be limited to the requirements of having a special permit in C1B Districts (or districts which, as a nonconforming use, would be treated as a C1B District). In the event of any conflict, that most restrictive shall apply.
(1980 Code, § 18.026) (Ord. 9019, passed 7-12-2004) Penalty, see § 111.999