83.02(A) Proximity of similar type of establishment. No license under
pertaining to the sale and dispensing of
shall be issued to sell such
for
in any place of business located within 1,000 feet, by airline measurement, from main entrance to main entrance of the place of business of any similar type licensed purveyor of
for consumption, and must be separated from similar type licensed establishment by the 1,000-foot distance. No such license shall be issued during the period in which the existing license is renewable at such location; provided, however, that the
, by vested right of a license to do business within the prohibited area, may transfer his or her
license to a new
doing business at the same location within the prohibited area. There shall be no distance requirement or restriction for:
83.02(A)(1)
selling
;
83.02(A)(2) Establishments selling
for on premises consumption; or
83.02(A)(3) Establishments selling
(beer and wine) as an ancillary part of the main business of such establishment (e.g., grocery stores, drugstores,
, etc.).
83.02(B) Proximity of establishments to
, houses of worship, and schools. No license under Laws pertaining to the sale and dispensing of
, including beer and wine, shall be issued to any or officers, employees, servants, or agents of any , firm, association, or corporation licensed by the for the sale of
at any location located within 1,000 feet by airline measurement from any established
, house of worship, or school, measured from the nearest public entrance. Whenever a license has been lawfully procured and thereafter a house of worship or school be established within a distance otherwise prohibited by
, the establishment of a
, house of worship, or school shall not be cause for the revocation of the license or prevent the subsequent renewal of same. There shall be no distance requirement or restriction for
selling
where the sale of said
is incidental to its principal business as a
and where the sale of prepared food is the primary business of the
.
83.02(C) Proximity of
, houses of worship, and schools to existing establishments. It shall be unlawful for any
, house of worship, or school to operate at a location or in a
within 1,000 feet by airline measurement from any established
, house of worship, or school, measured from the nearest public entrance, provided that this Section shall not apply to such
, houses of worship, or schools legally in existence and in operation upon passage of this Chapter.
83.02(D) Number of establishments limited in certain districts. One, but not more than one,
shall be permitted within a “planned employment center district” (PECD) or in a C-1 district. This limitation shall be without regard to its location in relation to other
as described in subsections 83.02(A) through 83.02(C) above.
(Ord. 2010-15, passed 10-4-2010)