§ 3-5. Location of vendor.

(a)

No person shall, in the County, construct or use any building for selling, serving or dispensing alcoholic beverages, including wine and/or beer, where the place of business for selling, serving, or dispensing alcoholic beverages, including wine and/or beer, is or shall be within 1,000 feet of an established church, a school or a publicly owned and operated playground area, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said alcoholic beverage business to the nearest entrance of the church, school or playground area.

(b)

No vendor licensed by the Division to sell, serve or dispense alcoholic beverages, including wine and/or beer, shall conduct his place of business within, and such place of business is prohibited from being operated within:

(1)

1,000 feet of an established church, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the church.

(2)

1,000 feet of a school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the nearest point of the school grounds in use as part of the school facilities.

(3)

1,000 feet of a publicly owned and operated playground area, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the nearest point of the playground area in use as part of the facilities.

(c)

No certificate of use or occupancy, building, plumbing, electrical or other permit, including, but not limited to, health permits, shall be issued to any person, firm, association or corporation conducting and/or operating a business for the sale of alcoholic beverages, including wine and/or beer, at a location prohibited pursuant to Subsections (a) and (b) of this section.

(d)

The provisions of Subsections (a) and (b) of this section shall not apply to the following licensed vendors:

(1)

Vendors holding valid licenses on October 15, 1975, for the sale of malt beverages ("beer"), but the license of any such vendor shall not be transferred to another location prohibited herein.

(2)

Vendors of beer containing alcohol of not more than 14 percent by weight for consumption off the premises only.

(3)

Vendors of wines, regardless of the alcoholic content, for consumption off the premises only.

(Code 2007, § 3.5; Ord. No. 1976-01, § 4, 5-4-1976)