§ 4-32. Proximity.

(a)

No license for the sale or consumption of intoxicating liquor shall be issued for any premises located within one hundred (100) feet of a school, church or other building regularly used as a place of religious worship, unless the applicant shall first obtain the consent in writing of city council; except that when a school, church or place of worship shall be established within one hundred (100) feet of any premises licensed to sell alcoholic beverages, the license shall not be denied for lack of such consent. Such consent shall not be granted until at least ten (10) days' written notice has been provided to all owners of property within one hundred (100) feet of the proposed licensed premises. If a temporary event is held in proximity to a school, church or place of worship, the applicant must provide an acknowledgement letter of approval for the event from such school, church or place of worship.

(b)

The city council may prohibit the granting of a license for the sale of intoxicating liquor within a distance as great as three hundred (300) feet of any school, church, or other building regularly used as a place of religious worship, except that when a school, church, or place of worship is established within the prohibited distance from any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason.

(c)

For the purposes of this section, the word "church" shall be deemed to mean a church building or student center erected and maintained as a church in which services are regularly held; provided, that the mere holding of religious services in any building not built and constructed as a church or student center building shall not bring such building within the definition of a church as set out in this subsection.

(d)

The city council of the City of Kirksville shall designate the city manager to act on their behalf in giving consent for the issuance of a temporary license for the sale of intoxicating liquor for events not held within one hundred (100) feet of a school, church, or place of worship, as long as the applicant follows the guidelines regarding any special event.

(Ord. No. 11607, 3-3-2003; Ord. No. 11789, 2-28-2007; Ord. No. 12278, § 1, 4-16-2018)

State law reference

Authority, RSMo. § 311.080(1), (2).