ORDINANCE NO.
_____
AN ORDINANCE AMENDING
SECTION 4-206 OF THE "CODE OF THE CITY OF
BE IT ORDAINED
BY THE GOVERNING BODY OF THE CITY OF
SECTION 1. Section 4-206 of the Code of the City of Lawrence, Kansas 2008
Edition” 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hereby specifically repealed.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: Severability. If any section,
clause, sentence, or phrase of this ordinance
is found to be unconstitutional or is otherwise held invalid by any
court of competent jurisdiction, it shall not affect the validity of any
remaining parts of the of this ordinance.
SECTION 4. This ordinance shall take
effect upon adoption and publication as provided by law.
Passed by the Governing Body this
______ day of _______, 2008
APPROVED:
_______________________
Sue
Hack, Mayor
ATTEST:
_______________________________________
Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
Toni Ramirez Wheeler
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.