§ 4-37. Distance requirements.

(a)

No person shall sell or offer to sell malt beverages or wine within 100 yards of any school building.

(b)

The school building referred to in this section shall apply only to state, county, city or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state. The term "school building" includes only those structures in which instruction is offered.

(c)

For the purposes of this section, distance shall be measured in a straight line from the main entrance of the school building in question to the main entrance of the establishment for the sale of malt beverages and/or wine in question.

(d)

No location which is licensed to sell malt beverages and/or wine on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, or denied a new license based upon the measurements set forth in this section.

(e)

As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the renewal thereof or the issuance of a new license to any subsequent owner of such property.

(Code 1979, § 9-4-17; Code 1998, § 6-44; Ord. No. 07-2003, § 6-44, 7-7-2003; Ord. No. 20-2007, 10-1-2007)