2012-0051
INTRODUCED BY: WENDY BENEDETTO, COUNCILWOMAN, DISTRICT III
ORDINANCE NO.
Title
An ordinance to amend the Code of Ordinances, Chapter 3 Alcoholic Beverages, Section 3-1 (a) to provide for a waiver of the 500 foot restriction, to no less than 300 feet, for alcoholic beverage sales located near certain protected properties.
Body
WHEREAS, the current code of Ordinances provides that it shall be unlawful for any person to conduct an alcoholic beverage business within five hundred feet of a public playground or building used exclusively as a church, synagogue, public library, playground, licensed day care centers, school except a school for business education conducted as a business college; and,
WHEREAS, the requirement of state law is three hundred (300) feet from the protected location; and,
WHEREAS, it is the desire of the Parish Council to allow for a waiver to the five hundred (500) foot restriction, to no less than three hundred (300) feet, for alcoholic beverage sales in Restaurant's with a Class A-R alcoholic beverage permit, provided certain conditions are met.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Chapter 3 Alcoholic Beverages Section 3 - 1 (a) is hereby amended to add the following sub section:
(1) Waiver of distance requirements for restaurant establishments. For purposes of this section, a restaurant establishment shall be defined as an establishment with a Class A - R restaurant permit as per Section 3-1 of this code. The Parish Council may waive the five hundred (500) foot requirement to not less than three hundred (300) feet from the protected church, synagogue, public library, playground, licensed day care center or school, provided the protected organization agrees in writing to waive opposition to the issuance of a permit for the applicant.
(2) Any permit issued under this section wherein the distance requirements have been waived by Resolution of the Parish Council is ...
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