§ 10-236. Restrictions as to property near schools, churches, etc.

(a)

It is hereby declared the sense and policy of this section and section 10-238 that no permit shall be granted for the opening of any barroom, saloon, cabaret or other place where alcoholic beverages are sold at retail, to be consumed on the premises within 300 feet of any playground, church, public library, or school. Exempted from these provisions are the following:

(1)

Those nonprofit organizations operating upon any city playground or park which sells low content alcoholic beverages during scheduled athletic recreational and/or festival events under a concession rights agreement issued by the department of recreation;

(2)

Those nonprofit church or school related or associated organizations or groups which conduct on such church or school property fairs, festivals, meetings or other similar events under and by the authority of the church or school, whose proceeds are used or intended to be used for the benefit of the related church or school;

(3)

Any person or corporation who are within the 300-foot prohibited limit, and who obtain by approval of a sworn affidavit of not less than 75 percent of the property owners within such 300 feet, and, which approval, if accompanied by a plan duly signed and dated by licensed surveyor or engineer, shall contain the location of the proposed business, together with the designation on such plan of the proper names, addresses and conveyance office book acquisition of such property by such owners.

(b)

The word "school" as used in this section shall not include a school for business education conducted as a business college or school within the city.

(Code 1956, § 5-45)

Cross reference

Streets, sidewalks and other public places, ch. 146.