4-2-9: LOCATION OF LICENSED ESTABLISHMENTS:
   A.   Location Near School Or Church: It shall be unlawful for any 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 three hundred feet (300') of any public or private school or church property primarily and regularly used for worship services and religious activities.
   B.   Distance Determination: 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 permitted by the City to sell alcoholic beverages.
   C.   Exceptions:
      1.   The provisions of this section shall not apply to:
         a.   Mixed beverage establishments, beer and wine establishments or bottle clubs which have been permitted by the City to sell alcoholic beverages for on-premises consumption or retail package stores prior to November 1, 2000; provided, that if at the time of application for an Occupational Tax permit renewal the previously permitted location has not been in actual operation for a continuous period of more than sixty (60) days, the permit shall not be renewed; or
         b.   Establishments licensed prior to October 1, 2018, to sell low-point beer which were permitted 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, pursuant to the provisions of 37 Oklahoma Statutes section 163.27. Such establishments shall be permitted to have any license in effect on October 1, 2018, transferred to a mixed beverage license by the ABLE Commission and would thereafter be eligible to apply for an Occupational Tax permit with the City pursuant to this chapter; provided, that if such an establishment ceases to regularly be open to the public or changes ownership, the provisions of this subsection shall cease to apply.
      2.   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 granted an Occupational Tax permit by the City, the provisions of this section shall not be a deterrent to the renewal of such permit 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 been granted an Occupational Tax permit by the City 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 such a permit to the new owner or operator if he or she is otherwise qualified. (Ord. 09102018-02, 9-10-2018, eff. 10-1-2018)