It shall be unlawful for any retail spirits licensee for any beer distributor, bottle club, brewery, brew pub or winery, 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 three hundred feet (300') of any public or private school or church property primarily and regularly used for worship services and religious activities; however, a college or university located within an improvement district created pursuant to section 39-103.1 of title 11 of the Oklahoma Statutes may waive the three hundred foot (300') requirement by providing written notice to the establishment seeking the license and to the ABLE Commission. Provided, a college or university prior to waiving the three hundred foot (300') requirement found in this section shall publish a notice of its intention to waive such requirement in a legal newspaper of general circulation within the State at least thirty (30) days but not more than forty (40) days prior to providing any written notice, waiving the three hundred foot (300') requirement, to the establishment seeking the license or to the ABLE Commission. As used in this section "legal newspaper of general circulation in this State" means a newspaper meeting the requisites of a newspaper for publication of legal notices as prescribed in section 106 of title 25 of the Oklahoma Statutes in a majority of the counties in this State. 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. The provisions of this section shall not apply to beer distributor, brewery, brew pub, winery or 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 November 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 more than sixty (60) days, the license shall not be renewed. If any school or church shall be established within three hundred feet (300') 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 sixty (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. (2019 Code)