ORDINANCE NO. _____

 

 

AN ORDINANCE AMENDING SECTION 4-206 OF THE "CODE OF THE CITY OF LAWRENCE, KANSAS, 2006 EDITION," AND AMENDMENTS THERETO PERTAINING TO RESTRICTIONS ON LOCATION TO SELL OR SERVE CEREAL MALT BEVERAGE AND REPEALING THE EXISTING SECTION,

 

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

 

 

SECTION 1. Section 4-206 is hereby amended to read as follows:

 

 

4-206                RESTRICTIONS ON LOCATION.

 

(A)        No cereal malt beverage shall be sold or served by a person holding a license or permit from the City, at a place of business or other premises located within 400 feet of any school or church.  The distance shall be measured along the public rights of way, by the shortest route by which a pedestrian would normally walk, from the nearest property line of the school or church, to the primary public entrance to the building, or part thereof, occupied by the place of business or other premises.

 

(B)        The business limitation of Subsection (A) shall not apply to a place of business or premises for which a license had been issued by the City prior to the publication of this Article, and for which a license has been in effect at all times since the publication of this Article.  Any temporary lapse of the license not exceeding sixty (60) days in length shall be disregarded in applying this paragraph.

 

(C)                The distance limitation of Subsection (A) shall not apply when the licensee or license applicant petitions for and receives a waiver of the distance limitation from the Governing Body of the City.  The Governing Body shall grant such waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.  At least thirty (30) days prior to such hearing, the City Clerk shall give notice of such hearing by first class mail to all churches and schools located within 400 feet of the place of business or premises for which a waiver is sought.  (Ord. 5828; Ord. 6002)

 

(D)                No license shall be issued for the sale of cereal malt beverage if the building or use does not meet the zoning ordinance requirements of the City or conflicts with other City laws, including building, fire or health codes.

 

SECTION 2. Existing Section 4-206 is hereby specifically repealed

 

 

 

 

 

 

SECTION 3. This ordinance shall take effect upon adoption and publication as provided by law.

 

Adopted by the governing body this ______ day of _______, 2007.

 

APPROVED:

 

 

_______________________

Sue Hack, Mayor

 

ATTEST:

 

 

_______________________________________

Frank S. Reeb, City Clerk

 

 

 

APPROVED AS TO FORM AND LEGALITY:

 

 

_______________________________________     _____________

Toni Ramirez Wheeler                                                Date

Director of Legal Services

 

 

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.