HomeMy WebLinkAbout1126 Amend Code 600.410 Liquor Sales .�. �
BILL NO. 2012-032 ORDINANCE NO. //�(
AN ORDINANCE AMENDING CITY CODE SECTION 600.410 RELATING TO THE SALE OF
LIQUOR NEAR SCHOOLS AND CHURCHES
WHEREAS, Section 600.410 of the City Code currently provides for the managing board
of directors of any school, church or place of worship to grant consent to an applicant seeking to
obtain a liquor license for a business located within 300 feet of such school or place of worship;
and
WHEREAS, state law reserves the power to grant consent to an applicant to locate
within 300 feet of such school or place of worship to the governing body of the City; and
WHEREAS, the Board of Aldermen find it is in the best interests of the City to amend the
City Code to conform to the laws of the State of Missouri as set forth herein (See Section
311.080 RSMo.);
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AMENDMENT OF SECTION 600.410 OF THE CITY CODE. Title VI,
Chapter 600, Section 600.410 of the Riverside City Code is hereby amended to read as follows:
Section 600.410 — SALES OF LIQUOR PROHIBITED NEAR SCHOOLS AND
CHURCHES:
A. No license shall be granted for the sale of intoxicating liquor, as defined in
this Chapter, whitin three hundred (300) feet of any school, church or other
building regularly used as a place of religious worship, unless the applicant
for the licnese shall first obtain the consent in writing of the Board of
Aldermen, except that when a school, church or place of worship shall
hereafter be established within three hundred (300) feet of any place of
business licensed to sell intoxicating liquor, the license shall not be denied for
- this reason. Such consent shall not be granted until at least ten (10) days'
written notice has been provided to all owners of property within three
hundred (300) feet of the proposed licensed premises.
B. Subsection (A) of this Section shall not apply to a license issued by the
Supervisor of Alcohol and Tobacco Control for the sale of intoxicating liquor
pursuant to Section 311.218, RSMo., or to a license issued to any church,
school, civic, service, fraternal, veteran, political, or charitable club or
organization which has obtained an exemption from the payment of federal
taxes.
C. Subsection (A) of this Section shall not apply to any premises holding a
license issued before January 1, 2004, by the Supervisor of Alcohol and
Tobacco Control for the sale of intoxicating liquor. To retain a license under
this Subsection, the licensed premises shall not change license type, amend
the legal description, or be without a liquor license for more than ninety (90)
days.
SECTION 2— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed.
� i
SECTION 3— SEVERABILITY CLAUSE. The provisions of this ordinance are severable
and 'rf any provision hereof is declared invalid, unconstitutional or unenforceable, such
determination shall not affect the validity of the remainder of this ordinance.
SECTION 4— EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after the date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, passed and
approved by a majority of th� �oard of Ald en and approved by the Mayor of the City of
Riverside, Missouri, this � day of , 2012.
! � Kathleen L. Rose, Mayor
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ATTEST:. °
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RobRi Littrefl, Gity'Clerk
� APPR D AS TO FORM:
a c Th pson, City Attorney
2012-032 Ord Ameuding Liquor Code - Distance Gom Churc6es e[c 2.