(A) It shall be unlawful for any package store, mixed beverage establishment, beer and wine establishment or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or package store, to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities.
(B) 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 mixed beverage establishment, beer and wine establishment, bottle club or package store which has been licensed to sell alcoholic beverages.
(C) The provisions of this section shall not apply to:
(1) Mixed beverage establishments, beer and wine establishments or bottle clubs, which have been licensed to sell alcoholic beverages for on-premises consumption or retail package stores prior to 11-1-2000; provided, if at the time of application for license renewal the licensed location has not been in actual operation for a continuous period of more than 60 days, the license shall not be renewed; or
(2) Establishments licensed prior to 10-1-2018 to sell low-point beer which were permitted to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities. Such establishments shall be permitted to have any license in effect on 10-1-2018 transferred to a mixed beverage license; provided, if such an establishment ceases to regularly be open to the public or changes ownership, the provisions of this division (C)(2) shall cease to apply.
(D) If any school or church shall be established within 300 feet of any package store, mixed beverage establishment, beer and wine establishment or bottle club subject to the provisions of this section after such package store, mixed beverage establishment, beer and wine establishment or bottle club has been licensed, the provisions of this section shall not be a deterrent to the renewal of such license if there has not been a lapse of more than 60 days. When any mixed beverage establishment, beer and wine establishment or bottle club subject to the provisions of this section which has a license to sell alcoholic beverages for on-premises consumption, or package store, changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provisions of this section shall not be a deterrent to the issuance of a license to the new owner or operator if he or she is otherwise qualified.
(E) Any interested party may protest a location as follows:
(1) Any interested party may protest the application for or granting of a license for a package store, or for a mixed beverage establishment, beer and wine establishment or bottle club which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, based on an alleged violation of this section. To be considered by ABLE Commission, the protest must:
(a) Be submitted in writing;
(b) Be signed by the person protesting;
(c) Contain the mailing address and address of residence, if different from the mailing address of the protester;
(d) Contain the title of the person signing the protest, if the person is acting in an official capacity as a church or school official; and
(e) Contain a concise statement explaining why the application is being protested.
(2) Within 30 days of the date of receipt of a written protest, the ABLE Commission shall conduct a hearing on the protest if the protest meets the requirements of division (E)(1) above.
(3) As used in this division (E), INTERESTED PARTY means:
(a) A parent or legal guardian whose child or children attend the church or school which is alleged to be closer to the mixed beverage establishment, bottle club or beer and wine establishment which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or package store, than is allowed by this section;
(b) An official of a church which is alleged to be closer to the mixed beverage establishment, bottle club or beer and wine establishment which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or package store, than is allowed by this section; or
(c) An official of a school which is alleged to be closer to the mixed beverage establishment, bottle club or beer and wine establishment which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or package store, than is allowed by this section.
(Prior Code, § 4-1-2) (Ord. 2018-6, passed 3-11-2019) Penalty, see § 110.99