§ 6-35. Business location.

(a)

Rules governing M-1, M-2, O&I, C-1 and C-2 zoning classifications:

(1)

Unless the following uses of property are preexisting, nonconforming uses under the city's zoning regulations, licenses shall not be issued to authorize the sale of alcoholic beverages either through a retail package or retail consumption license at any location which does not meet or exceed the following minimum distance separation requirements for the following establishments:

a.

For retail consumption dealers, the licensee's premises cannot be located:

1.

In or within 50 yards of any structure used as a residence at the time of application;

2.

In or within 200 yards of any school; or

3.

In or within 100 yards of any public library which is on the same side of the street as the proposed location.

b.

For retail dealer and/or wholesale dealer, the licensee's premises cannot be located:

1.

In or within 200 yards of any church grounds;

2.

In or within 200 yards of any structure used as a residence at the time of application;

3.

In or within 200 yards of any school; or

4.

In or within 100 yards of any public library which is on the same side of the street as the proposed location.

c.

For bona fide private club, the licensee's premises cannot be located:

1.

In or within 100 yards of any church grounds;

2.

In or within 100 yards of any structure used as a residence at the time of application;

3.

In or within 200 yards of any school; or

4.

In or within 100 yards of any public library which is on the same side of the street as the proposed location.

(2)

No person shall sell alcohol, distilled spirits, wine or malt beverages in or within 100 yards of any alcoholic treatment center owned and operated by the state or any county or municipal government therein.

(3)

All distances shall be measured in the following manner:

a.

From the front door of the structure or partial building unit from which beverage alcohol is sold or offered for sale; thence,

b.

In a straight line, regardless of obstructions, to the nearest public sidewalk, walkway, street, road or highway; thence,

c.

Along such public sidewalk, walkway, street, road or highway by the nearest route;

d.

To the front door of the building, or to the nearest portion of the grounds, whichever is applicable.

(4)

For the purposes of this section, the term "non-accessory structure" shall mean any structure located on the school ground, college campus, residential lot, library or alcoholic treatment center, which would not be considered an accessory use under the appropriate interpretations of the city zoning ordinance.

(5)

Applications will not be considered for a retail dealer of distilled spirits whose proposed business location is within 500 feet of an existing retail dealer of distilled spirits sales location.

(6)

Notwithstanding anything to the contrary herein, no church that becomes located within or expands into the central business district after July 1, 2006, shall be entitled to object to the location of a licensee and no license shall be denied because it is within the prohibited footage as set forth above when such footage is applied to a church that became located within or expands into the central business district after July 1, 2006. In addition, no license shall be denied because the location is within the prohibited footage of a temporary church.

(7)

Rules govern TCMU and mix use district (MPMUD-RMX) zoning classifications. There are no minimum distance separation requirements for retail consumption in these zoning classifications.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )