A. 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 the 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 or motels offering restaurant service, regularly organized clubs, or restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business.
B. Subsection A of this section shall not prohibit 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.
C. Subsection A of this section shall not prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if: 1) 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; 2) the immediately prior owner or operator of the premises where the restaurant is located 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 3) the restaurant is located seventy five feet (75) or more from a school.
D. This section shall not apply to any location within or upon the premises of a hotel or motel.
E. No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of school books, school supplies, food, lunches or drinks for such minors.
(Ord. 2011-8-10A, 8-10-2011)