§ 10-237. Restrictions on package liquor stores near churches, schools, etc.

(a)

No permit shall be granted for opening of any package house or package liquor store within 300 feet of any playground, church, public library, school, funeral home, or mortuary.

(b)

The provisions of this section shall not apply to a package liquor store where the wholesale cost of package liquor stocked and displayed does not exceed 15 percent of the wholesale cost of other merchandise stocked and displayed and where package liquor display does not constitute more than ten percent of all display area and where package liquor is not advertised outside or off the premises. Any permit obtained under this subsection shall be limited to the type or types of establishments represented in the original application. A sworn statement of continued use shall be required before each periodic renewal of such license and the operation of any additional type or variation of type shall be a violation of this section and cause for the immediate revocation of such license by the department of safety and permits.

(c)

The provisions of this section shall not apply to package liquor store locations which are licensed to sell alcoholic beverages on the effective date of the ordinance from which this section was derived and which are continuously operated as such with no lapse in the operation for a period in excess of six consecutive months.

(d)

The 300-foot distance provided for in this section shall be measured as a person walks, using the sidewalk, from the nearest point of the property line of the playground, church, public library, school, funeral home, or mortuary to the nearest point of the premises to be licensed.

(Code 1956, § 5-45.01; M.C.S., Ord. No. 27737, § 1, 4-19-18)