§ 5.04.010. Sale near churches and schools prohibited.

A.

It is unlawful for any licensed dealer or any other person to sell any alcoholic beverages, as such beverages are defined in the Alcoholic Beverage Code, within three hundred (300) feet of any church or public school.

B.

The measurement of the distance between the place of business where alcoholic beverages are sold and the church shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be from the nearest property line of the public school to the nearest doorway by which the public may enter the place of business, along street lines and in direct line across intersections. For any permit or license covering a premises where minors are prohibited from entering the premises under Section 109.53 of the Alcoholic Beverage Code, the measurement of the distance between the premises and a public school shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.

C.

Every applicant for an original alcoholic beverages license or permit for a location with a door by which the public may enter the place of business of the applicant that is within one thousand (1,000) feet of the nearest property line of a public school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public school before filing the application with the commission. A copy of the notice must be submitted to the commission with the application. This subsection does not apply to a permit or license covering a premises where minors are prohibited from entering the premises under Section 109.53 of the Alcoholic Beverage Code.

D.

As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection A, but not subsection C of this section, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. This subsection applies only as long as the place of business in continuously in operation from that date, whether or not under the same license or permit.

E.

The city council may also allow variances to the regulation if the council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

(Prior code § 4-1)