HomeMy WebLinkAboutORD.2793.09-25-2000BILL NO. 2000-223 ORDINANCE NO. �:
AN ORDINANCE ENACTING A NEW SECTION
5-16 OF THE CITY CODE, RELATING TO
LIQUOR SALES NEAR RESIDENCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. There is hereby enacted a new Section 5-16 of the
Code of Ordinances of the City of Cape Girardeau, Missouri,
entitled "Sales near residences; restrictions", in words and
figures, to read as follows:
Sec. 5-16. Sales near residences; restrictions.
a. In the case of a written objection signed by the
owners of any private residence located within two
hundred (200) feet of an applicant's premises, no
license shall be granted for the sale of
intoxicating liquor as defined in this chapter,
unless permission therefor is granted by a two-
thirds (2/3) vote of all the members of the City
Council. The two hundred (200) feet of restriction
set out herein, shall be measured from that portion
of the licensee's building which is nearest to the
residence and is measured from building to building
and not from lot to lot or lot to building.
b. For the purposes of this section, the term
"residence" shall be deemed to include single-
family residences and multi -family residences, but
shall not be deemed to include the use of a portion
of a building zoned for commercial or industrial
use which is presently being used as a residence.
C. All establishments which have obtained liquor
licenses as defined in this chapter prior to the
effective date of this section shall be deemed in
compliance with this section upon application for
renewal of or upon application for a change in
liquor license at the same location for the same
owner.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it is
hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of Ordinances of the City of Cape
Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS � DAY OF , 20 .
ATTEST:
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Gayle . Conrad, City Clerk
A. M. Spradling, II
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