§ 10-4. Sale near churches, schools, kindergartens or funeral homes.

(a)

It shall be unlawful for any person to sell or offer for sale any alcoholic beverage within 400 feet of any church, school, kindergarten, or funeral home; provided, however, that within an area zoned commercial or industrial, such minimum distance shall not be less than 100 feet.

(b)

In instances in which a church, school, kindergarten, or funeral home is located in a residential district and the place of sale of any alcoholic beverage shall be located in an adjacent commercial or industrial district, such minimum distance between the place of sale of the alcoholic beverage and the church, school, kindergarten, or funeral home shall be 400 feet; provided, however, that for the purposes of this section. Special use districts and planned unit developments that are adjacent to a commercial zone shall be considered and treated as being a part of that adjacent commercial zone.

(c)

The minimum distances set forth in this section shall be measured from the nearest point of the building housing the church, school, kindergarten or funeral home to the nearest point of the building wherein the alcoholic beverage is to be sold.

(d)

Any location at which an alcoholic beverage is lawfully being presently offered for sale which does not conform to the provisions of subsection (a) of this section shall be permitted to continue such sales, until such time as the business is abandoned for a six-month period.

(Code 1971, § 4-3; Ord. No. 2003-10(2), § 1, 4-22-03)