§ 3-9. Zoning compliance; proximity to playgrounds, etc.; health, safety, etc.; compliance; wholesaler requirements.

(a)

For purposes of this section, the term "premises" shall mean the specific building or structure for which a permit is to be issued or, in the case of a building or structure with space for two (2) or more businesses, only that part of the building or structure for which a permit is to be issued.

(b)

No permit shall be granted in contravention of any applicable zoning regulation.

(c)

No permit shall be granted for any premises situated within three hundred (300) feet of any public playground, ball park, hospital, or of a building used exclusively as a church, synagogue, public library or school, except a business college. The measurement of this distance shall be made from the nearest point of the property line of the public playground, ball park, or hospital or of a building used as a church, synagogue, public library or school to the premises to be licensed. This distance shall be measured as a person walks using the sidewalk or normal route used by pedestrians from the nearest point of the property line of the public playground, ball park, hospital, church, synagogue, public library or school to the nearest point of premises to be licensed.

(d)

No permits shall be issued where such issuance would be in derogation of public health, safety, morals and peace. It shall be incumbent upon the applicant to establish that issuance of permit will not be in derogation of the above-mentioned factors.

(e)

The prohibition of this section does not apply to any premises maintained as a hotel, railway car or fraternal organization, nor to any premises which have been licensed to deal in alcoholic beverages for a period of one (1) year or longer prior to the adoption of the ordinance from which this section is derived.

(f)

No wholesale permit shall be issued to or held after issuance by any person unless at all times throughout the licensed year the person meets standards set forth in R.S. 26:80 for wholesale dealers.

(g)

Persons engaged primarily in the sale, handling, distribution and storage of alcoholic beverages which are ultimately delivered or transported beyond the borders of the state are exempt from complying with the standards above set forth.

(Code 1979, § 10-2005; Ord. No. 1984-4, 2-28-84; Ord. No. 1989-5, 11-7-89)