§ 134.20 PROHIBITION OF SALE OF ALCOHOL, TOBACCO, AND/OR SMOKING PARAPHERNALIA WITHIN 1,000 FEET OF A SCHOOL.
   (A)   The recitals of Ord. 2006-33 are incorporated herein as findings of the Village of Roscoe Board of Trustees.
   (B)   There shall be no sale and/or delivery of alcohol, tobacco and/or smoking paraphernalia within 1,000 feet of a school building for students in kindergarten up to and through twelfth grade, regardless of whether classes are in session.
   (C)   Existing businesses, within 1,000 feet of an existing school, with a current liquor license in good standing and/or selling tobacco shall not be affected by this section. Should a new school be constructed within 1,000 feet of an existing business with a current liquor license in good standing and/or selling tobacco, this section shall not be applicable to those existing businesses.  No new liquor licenses shall be issued within 1,000 feet of the new school being constructed.
      (1)   In the event an existing business is sold or there is a successor in interest to the existing business, the new owner or the successor in interest shall be allowed to obtain a valid liquor license of the same class as the previous owner’s.
      (2)   This section shall not affect the renewal of any existing liquor licenses.
      (3)   This section shall not affect th suspension of any existing liquor licenses and all licenses shall be in full force and effect upon completion of the suspension period.
      (4)   In the event a licensee has his or her liquor license revoked by the Liquor Commission of the Village, the revocation shall be permanent as to the licensee.
      (5)   Determination of whether an existing business is within 1,000 feet of a school shall be determined by measuring from the property line of the existing business to the property line of the school.
   (D)   The provisions of this section shall apply to all classes of liquor licenses issued by the Village.
   (E)   The provisions of this section shall apply to any and all holders of any class of liquor licenses including restaurants selling and/or delivering alcohol and/or tobacco regardless of the ratio of food sales to alcohol and/or tobacco sales with the exception that restaurants whose primary business consists of the sale of food where the sale of alcohol is incidental to the sale of food may serve alcohol within 250 feet of a school as measured from the property line of the restaurant to the property line of the school.
   (F)   All other provisions of the Village of Roscoe code of ordinances shall remain in effect as previously enacted except that those ordinances or parts thereof in conflict are hereby repealed to the extent such conflict exists.
(Ord. 2006-33, passed 6-20-2006)