ORDINANCE NO. 9557

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 4, ARTICLE 1, SECTION 4-113 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO ALCOHOLIC LIQUOR, REPEALING CHAPTER 4, ARTICLE 2, SECTION 4-206 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO CEREAL MALT BEVERAGES, AND REPEALING EXISTING SECTION 4-113.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Existing Chapter 4, Article 1, Section 4-113 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby amended to read as follows:

4-113   RESTRICTIONS ON LOCATION.

(A) No alcoholic liquor shall be sold or served by a person holding a license or permit from the City, at a place of business or other premises located within 400 feet of any school or church. The distance to be measured along the public rights of way, by the shortest route by which a pedestrian would normally walk, from the nearest property line of the school or church, to the primary public entrance to the building, or part thereof, occupied by the place of business or other premises.

(B) The distance limitation of Subsection (A) above shall not apply to a place of business or premises for which a license had been issued by the City prior to the publication of this Article, and for which a license has been in effect at all times since the publication of this Article. Any temporary lapse of the license not exceeding sixty (60) days in length shall be disregarded in applying this paragraph.

(C) The distance limitation of Subsection (A) shall not apply when the licensee or license applicant petitions for and receives a waiver of the distance limitation from the Governing Body of the City. The Governing Body shall grant such waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety. At least thirty (30) days prior to such hearing, the City Clerk shall give notice of such hearing by first class mail to all churches and schools located within 400 foot of the place of business or premises for which a waiver is sought.

(D)(A)  No license shall be issued for the sale of alcoholic liquor shall be issued by the City Clerk if the building or use does not meet the zoning ordinance requirements of the City or conflicts with other City laws, including building, fire, or health codes.

(E)(B)  In no event shall a retailer's license be issued for a premises which is located within 200 feet of any school, college, or church, except that if any such school, college, or church is established within 200 feet of any licensed premises after the premises has been licensed, then the limitation imposed by this Subparagraph (E)(B) shall not apply to such premises. (Ord. 5828; Ord. 6002)

SECTION 2. Existing Chapter 4, Article 2, Section 4-206 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby repealed in its entirety:

4-206   RESTRICTIONS ON LOCATION. Reserved.

(A) No cereal malt beverage shall be sold or served by a person holding a license or permit from the City, at a place of business or other premises located within 400 feet of any school or church. The distance shall be measured along the public rights of way, by the shortest route by which a pedestrian would normally walk, from the nearest property line of the school or church, to the primary public entrance to the building, or part thereof, occupied by the place of business or other premises.

(B) The business limitation of Subsection (A) shall not apply to a place of business or premises for which a license had been issued by the City prior to the publication of this Article, and for which a license has been in effect at all times since the publication of this Article. Any temporary lapse of the license not exceeding sixty (60) days in length shall be disregarded in applying this paragraph.

(C) The distance limitation of Subsection (A) shall not apply when the licensee or license applicant petitions for and receives a waiver of the distance limitation from the Governing Body of the City. The Governing Body shall grant such waiver only following public notice and hearing and a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety. At least thirty (30) days prior to such hearing, the City Clerk shall give notice of such hearing by first class mail to all churches and schools located within 400 feet of the place of business or premises for which a waiver is sought. (Ord. 5828; Ord. 6002)

SECTION 3. Existing Section 4-113 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 1 of this Ordinance supersede it.

SECTION 4. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.

SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of _________, 2018.

 APPROVED:

___________________________________

Stuart Boley

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.