05/24/1999 Council Packet - Laserfiche WebLink

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Liquor Ordinance May 19, 1998 page 2 These two options are given below as part of the school definition question. 2. School Definition Option 1 Subd. 3. Distance From School or Church. No license shall be granted within 1,000 400 feet of any school or within 1,000 400 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business. For the purposes of the separation restriction in this subdivision, a school is a building that is principally used as a place where twenty -five (25) or more persons receive a full course of educational instruction and the educational instruction is provided on a daily basis by an established school board or church. This does not include any post - secondary or post -high school educational building, including any college or any vocational - technical college. The establishment of a school or church within the separation distance after an original liquor license application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. The definition addresses the problem in several ways. One, it states a number of students. This addresses the issue of whether the separation applies to daycare in a private home or a family preferring home school. Neither of these is likely to have 25 children present. Second, the school must offer a full course of educational instruction and must operate daily. This would not include, for example, dance schools or other specialized activities that occur on a weekly or weekend basis. Third, the school must be run by an established school board or church. This further excepts daycare and home schools. Fourth, it exempts colleges and other adult educational facilities. Apparently, the perception is that a restaurant serving alcoholic beverages poses a threat to children. Children do not attend adult educational facilities, so there is no reason for the separation to apply to such schools. I've also added a statement that allows a liquor licensee to renew the license if a school is established after the original license has been issued.