(A) Generally. It is unlawful for any person or licensee to sell, offer for sale, give away or deliver regulated products within 100 feet of any school, child care facility or other building used for educational or recreational purposes by persons under 18 years of age. For the purpose of this division (A), measurement shall be made in a straight line, without regard to intervening structures or objects, from nearest portal of the building or structure used as a part of the premises where a licensed establishment is located, to the nearest portal of a school, child care facility or other building used for educational or recreational purposes by persons under 18 years of age.
(B) Grandfathered sites. In the event a licensee is located in technical violation of the distance requirements of this section at the time of the adoption of this chapter, each such licensee shall be considered to have legal non-conforming status, which will remain intact until such time as the licensee ceases to operate its business at that location. A change of ownership to a new licensee properly reported to the Village Clerk pursuant to § 126.05 shall not be considered the ceasing of business operations at a given location.
(Ord. 2018-O-20, passed 12-4-18) Penalty, see § 126.99