(A) 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, 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 liquor is not the principal business carried on, if such place of business so exempted is not located in a municipality of more than 500,000 persons; nor 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 such church or school has been established within such 100 feet since the issuance of the original license. 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.
(B) In the interest of further developing the state’s economy in the area of tourism, convention, and banquet business, nothing in this section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant or hotel having not fewer than 150 guest room accommodations located in the municipality, notwithstanding the proximity of such hotel or restaurant to any church, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least six stories and if the sale of alcoholic liquors is not the principal business carried on by such license.
(C) 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.
(Ord. 81-0-10, passed 4-27-81; Am. Ord. 90-0-1, passed 5-14-90) Penalty, see § 111.99