§ 3-57. Proximity restrictions.

(a)

No person knowingly and intentionally may sell or offer to sell:

(1)

Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus;

(2)

Any wine or malt beverages within 100 yards of any school building, school grounds, church or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application;

(3)

Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981.

(b)

Nothing contained in this article shall prohibit the licensing of the sale or distribution of alcoholic beverages by:

(1)

Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding July 1, 1981.

(2)

Bona fide private clubs, owning their own homes, subject to licensing under state law.

(c)

For the purposes of this article, distances shall be measured by the most direct route of travel on the ground.

(Ord. of 8-18-98)